Senate Bill sb1526c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1526

    By the Committee on Transportation; and Senators Sebesta and
    Lynn




    306-2069-04

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         261.03, F.S.; redefining the term "off-highway

  4         vehicle" to include a two-rider ATV; adding a

  5         definition; amending s. 261.05, F.S.; requiring

  6         the advisory committee to study and provide a

  7         report to the Governor and the Legislature;

  8         amending s. 316.003, F.S.; defining the term

  9         "traffic signal preemption system"; amending s.

10         316.0775, F.S.; providing that the unauthorized

11         use of a traffic signal preemption device is a

12         moving violation; amending s. 316.122, F.S.;

13         providing for the right-of-way for certain

14         passing vehicles; creating s. 316.1576, F.S.;

15         providing clearance specifications for a

16         railroad-highway grade crossing; amending s.

17         316.183, F.S.; increasing the minimum speed

18         limit on interstate highways; amending s.

19         316.1932, F.S.; revising the requirements for

20         printing the notice of consent for sobriety

21         testing on a driver's license; amending s.

22         316.194, F.S.; authorizing traffic accident

23         investigation officers to remove vehicles under

24         certain circumstances; amending s. 316.1967;

25         providing that an owner of a leased vehicle is

26         not responsible for a parking ticket violation

27         in certain circumstances; amending s. 316.2074,

28         F.S.; redefining the term "all-terrain vehicle"

29         to include a two-rider ATV; amending s.

30         316.650, F.S.; providing exceptions to a

31         prohibition against using citations as evidence

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         in a trial; amending s. 317.0003, F.S.;

 2         defining the term "off-highway vehicle" to

 3         include a two-rider ATV; providing a

 4         definition; amending s. 317.0007, F.S.;

 5         authorizing the Department of Highway Safety

 6         and Motor Vehicles to issue a validation

 7         sticker as an additional proof of title for an

 8         off-highway vehicle; providing for the

 9         replacement of lost or destroyed off-highway

10         vehicle validation stickers; providing for

11         disposition of fees; repealing s. 317.0008(2),

12         F.S., relating to the expedited issuance of

13         duplicate certificates of title for off-highway

14         vehicles; creating s. 317.0014, F.S.;

15         establishing procedures for the issuance of a

16         certificate of title for an off-highway

17         vehicle; providing duties of the Department of

18         Highway Safety and Motor Vehicles; providing

19         for a notice of lien and lien satisfaction;

20         creating s. 317.0015, F.S.; providing for the

21         applicability of certain provisions of law to

22         the titling of off-highway vehicles; creating

23         s. 317.0016, F.S.; providing for the expedited

24         issuance of titles for off-highway vehicles;

25         creating s. 317.0017, F.S.; prohibiting

26         specified actions relating to the issuance of

27         titles for off-highway vehicles; providing a

28         penalty; creating s. 317.0018, F.S.;

29         prohibiting the transfer of an off-highway

30         vehicle without delivery of a certificate of

31         title; prescribing other violations; providing

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         a penalty; amending s. 318.14, F.S.;

 2         authorizing the department to modify certain

 3         actions to suspend or revoke a driver's license

 4         following notice of final disposition; amending

 5         s. 318.15, F.S.; providing for disposition of

 6         fees; amending s. 319.23, F.S.; requiring a

 7         licensed motor vehicle dealer to notify the

 8         Department of Highway Safety and Motor Vehicles

 9         of a motor vehicle or mobile home taken as a

10         trade-in; requiring the department to update

11         its title record; amending s. 319.27, F.S.;

12         correcting an obsolete cross-reference;

13         amending s. 320.0601, F.S.; requiring that a

14         transaction of a long-term leased motor vehicle

15         be registered in the name of the lessee;

16         amending s. 320.0605, F.S.; exempting a vehicle

17         registered as a fleet vehicle from the

18         requirement that the certificate of

19         registration be carried in the vehicle at all

20         times; amending s. 320.131, F.S.; authorizing

21         the department to provide for an electronic

22         system for motor vehicle dealers to use in

23         issuing temporary tags; providing a penalty;

24         amending s. 320.18, F.S.; authorizing the

25         department to cancel the vehicle or vessel

26         registration, driver's license, or

27         identification card of a person who pays

28         certain fees or penalties with a dishonored

29         check; amending s. 320.27, F.S.; requiring

30         motor vehicle dealers to maintain records for a

31         specified period; providing certain penalties;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         amending s. 320.8249, F.S.; providing penalties

 2         for certain unlawful acts by a mobile home

 3         installer; amending s. 322.05, F.S.; removing

 4         requirements for Class D driver's license;

 5         amending s. 322.051, F.S.; revising provisions

 6         relating to the application for an

 7         identification card; providing that the

 8         requirement for a fullface photograph or

 9         digital image on an identification card may not

10         be waived under ch. 761, F.S.; amending s.

11         322.07, F.S.; removing requirements for Class D

12         driver's license; amending s. 322.08, F.S.;

13         providing that a United States passport is an

14         acceptable proof of identity for purposes of

15         obtaining a driver's license; providing that a

16         naturalization certificate issued by the United

17         States Department of Justice is an acceptable

18         proof of identity for such purpose; providing

19         that specified documents issued by the United

20         States Department of Justice are acceptable as

21         proof of nonimmigrant classification; amending

22         s. 322.12, F.S.; removing requirements for

23         Class D driver's license; amending s. 322.135,

24         F.S.; revising requirements for the deposit of

25         certain fees for a driver's license; revising

26         requirements for the tax collector in directing

27         a licensee for examination or reexamination;

28         requiring county officers to pay certain funds

29         to the State Treasury by electronic funds

30         transfer within a specified period; amending s.

31         322.142, F.S.; providing that the requirement

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         for a fullface photograph or digital image on a

 2         driver's license may not be waived under ch.

 3         761, F.S.; amending s. 322.161, F.S.; removing

 4         requirements for Class D driver's license;

 5         amending s. 322.17, F.S., relating to duplicate

 6         and replacement certificates; conforming a

 7         cross-reference; amending s. 322.18, F.S.;

 8         revising the expiration period for driver's

 9         licenses issued to specified persons;

10         conforming cross-references; amending s.

11         322.19, F.S., relating to change of address or

12         name; conforming cross-references; amending s.

13         322.21, F.S.; removing requirements for Class D

14         driver's license; requiring the department to

15         set a fee for a hazardous-materials

16         endorsement; providing that the fee shall not

17         exceed $100; amending s. 322.22, F.S.;

18         authorizing the department to cancel any

19         identification card, vehicle or vessel

20         registration, or fuel-use decal of a licensee

21         who pays certain fees or penalties with a

22         dishonored check; amending s. 322.251, F.S.;

23         removing requirements for Class D driver's

24         license; amending ss. 322.2615 and 322.2616,

25         F.S.; requiring the Department of Highway

26         Safety and Motor Vehicles to inform law

27         enforcement officers of deficiencies under

28         certain circumstances; amending s. 322.30,

29         F.S.; removing the requirements for Class D

30         driver's license; amending s. 322.53, F.S.;

31         removing requirements for Class D driver's

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         license; removing a requirement that certain

 2         operators of a commercial motor vehicle obtain

 3         a specified license; amending s. 322.54, F.S.;

 4         deleting the requirement for Class D driver's

 5         license; amending s. 322.57, F.S.; providing

 6         testing requirements for school bus drivers;

 7         amending s. 322.58, F.S.; deleting requirements

 8         for Class D driver's license and changing those

 9         requirements to Class E driver's license;

10         amending and reenacting s. 322.61, F.S.;

11         specifying additional violations that

12         disqualify a person from operating a commercial

13         motor vehicle; providing penalties; removing

14         requirements for Class D driver's license;

15         amending s. 322.63, F.S.; clarifying provisions

16         governing alcohol and drug testing for

17         commercial motor vehicle operators; amending s.

18         322.64, F.S.; requiring the Department of

19         Highway Safety and Motor Vehicles to inform law

20         enforcement officers of deficiencies under

21         certain circumstances; amending s. 713.78,

22         F.S.; revising provisions relating to the

23         placement of a wrecker operator's lien against

24         a motor vehicle; amending s. 832.06, F.S.;

25         allowing worthless checks of $150 or less to be

26         processed differently by tax collectors;

27         providing effective dates.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         Section 1.  Subsection (6) of section 261.03, Florida

 2  Statutes, is amended and subsection (11) is added to that

 3  section, to read:

 4         261.03  Definitions.--As used in this chapter, the

 5  term:

 6         (6)  "Off-highway vehicle" means any ATV, two-rider

 7  ATV, or OHM that is used off the roads or highways of this

 8  state for recreational purposes and that is not registered and

 9  licensed for highway use under chapter 320.

10         (11)  "Two-rider ATV" means any ATV that is

11  specifically designed by the manufacturer for a single

12  operator and one passenger.

13         Section 2.  Subsection (2) of section 261.05, Florida

14  Statutes, is amended to read:

15         261.05  Duties and responsibilities of the Off-Highway

16  Vehicle Recreation Advisory Committee.--

17         (2)  The advisory committee shall study and make

18  recommendations to the Governor and the Legislature department

19  regarding off-highway vehicle safety and training and

20  education programs in the operation of such vehicles and shall

21  provide a report to the Governor and the Legislature by

22  January 1, 2005.

23         Section 3.  Subsection (84) is added to section

24  316.003, Florida Statutes, to read:

25         316.003  Definitions.--The following words and phrases,

26  when used in this chapter, shall have the meanings

27  respectively ascribed to them in this section, except where

28  the context otherwise requires:

29         (84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or

30  device with the capability of activating a control mechanism

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  mounted on or near traffic signals which alters a traffic

 2  signal's timing cycle.

 3         Section 4.  Section 316.0775, Florida Statutes, is

 4  amended to read:

 5         316.0775  Interference with official traffic control

 6  devices or railroad signs or signals.--

 7         (1)  A No person may not shall, without lawful

 8  authority, attempt to or in fact alter, deface, injure, knock

 9  down, or remove any official traffic control device or any

10  railroad sign or signal or any inscription, shield, or

11  insignia thereon, or any other part thereof. A violation of

12  this subsection section is a criminal violation pursuant to s.

13  318.17 and shall be punishable as set forth in s. 806.13

14  related to criminal mischief and graffiti, beginning on or

15  after July 1, 2000.

16         (2)  A person may not, without lawful authority,

17  possess or use any traffic signal preemption device as defined

18  under s. 316.003. A person who violates this subsection

19  commits a moving violation, punishable as provided in chapter

20  318 and shall have 4 points assessed against his or her

21  driver's license as set forth in s. 322.27.

22         Section 5.  Section 316.122, Florida Statutes, is

23  amended to read:

24         316.122  Vehicle turning left.--The driver of a vehicle

25  intending to turn to the left within an intersection or into

26  an alley, private road, or driveway shall yield the

27  right-of-way to any vehicle approaching from the opposite

28  direction, or vehicles lawfully passing on the left of the

29  turning vehicle, which is within the intersection or so close

30  thereto as to constitute an immediate hazard. A violation of

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  this section is a noncriminal traffic infraction, punishable

 2  as a moving violation as provided in chapter 318.

 3         Section 6.  Section 316.1576, Florida Statutes, is

 4  created to read:

 5         316.1576  Insufficient clearance at a railroad-highway

 6  grade crossing.--

 7         (1)  A person may not drive any vehicle through a

 8  railroad-highway grade crossing that does not have sufficient

 9  space to drive completely through the crossing without

10  stopping.

11         (2)  A person may not drive any vehicle through a

12  railroad-highway grade crossing that does not have sufficient

13  undercarriage clearance to drive completely through the

14  crossing without stopping.

15         Section 7.  Subsection (2) of section 316.183, Florida

16  Statutes, is amended to read:

17         316.183  Unlawful speed.--

18         (2)  On all streets or highways, the maximum speed

19  limits for all vehicles must be 30 miles per hour in business

20  or residence districts, and 55 miles per hour at any time at

21  all other locations. However, with respect to a residence

22  district, a county or municipality may set a maximum speed

23  limit of 20 or 25 miles per hour on local streets and highways

24  after an investigation determines that such a limit is

25  reasonable.  It is not necessary to conduct a separate

26  investigation for each residence district. The minimum speed

27  limit on all highways that comprise a part of the National

28  System of Interstate and Defense Highways and have not fewer

29  than four lanes is 50 40 miles per hour.

30         Section 8.  Paragraph (e) of subsection (1) of section

31  316.1932, Florida Statutes, is amended to read:

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         316.1932  Tests for alcohol, chemical substances, or

 2  controlled substances; implied consent; refusal.--

 3         (1)

 4         (e)1.  By applying for a driver's license and by

 5  accepting and using a driver's license, the person holding the

 6  driver's license is deemed to have expressed his or her

 7  consent to the provisions of this section.

 8         2.  A nonresident or any other person driving in a

 9  status exempt from the requirements of the driver's license

10  law, by his or her act of driving in such exempt status, is

11  deemed to have expressed his or her consent to the provisions

12  of this section.

13         3.  A warning of the consent provision of this section

14  shall be printed above the signature line on each new or

15  renewed driver's license.

16         Section 9.  Paragraphs (a) and (b) of subsection (3) of

17  section 316.194, Florida Statutes, are amended to read:

18         316.194  Stopping, standing or parking outside of

19  municipalities.--

20         (3)(a)  Whenever any police officer or traffic accident

21  investigation officer finds a vehicle standing upon a highway

22  in violation of any of the foregoing provisions of this

23  section, the officer is authorized to move the vehicle, or

24  require the driver or other persons in charge of the vehicle

25  to move the vehicle same, to a position off the paved or

26  main-traveled part of the highway.

27         (b)  Officers and traffic accident investigation

28  officers may are hereby authorized to provide for the removal

29  of any abandoned vehicle to the nearest garage or other place

30  of safety, cost of such removal to be a lien against motor

31  vehicle, when an said abandoned vehicle is found unattended

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  upon a bridge or causeway or in any tunnel, or on any public

 2  highway in the following instances:

 3         1.  Where such vehicle constitutes an obstruction of

 4  traffic;

 5         2.  Where such vehicle has been parked or stored on the

 6  public right-of-way for a period exceeding 48 hours, in other

 7  than designated parking areas, and is within 30 feet of the

 8  pavement edge; and

 9         3.  Where an operative vehicle has been parked or

10  stored on the public right-of-way for a period exceeding 10

11  days, in other than designated parking areas, and is more than

12  30 feet from the pavement edge.  However, the agency removing

13  such vehicle shall be required to report same to the

14  Department of Highway Safety and Motor Vehicles within 24

15  hours of such removal.

16         Section 10.  Section 316.1967, Florida Statutes, is

17  amended to read:

18         316.1967  Liability for payment of parking ticket

19  violations and other parking violations.--

20         (1)  The owner of a vehicle is responsible and liable

21  for payment of any parking ticket violation unless the owner

22  can furnish evidence, when required by this subsection, that

23  the vehicle was, at the time of the parking violation, in the

24  care, custody, or control of another person.  In such

25  instances, the owner of the vehicle is required, within a

26  reasonable time after notification of the parking violation,

27  to furnish to the appropriate law enforcement authorities an

28  affidavit setting forth the name, address, and driver's

29  license number of the person who leased, rented, or otherwise

30  had the care, custody, or control of the vehicle.  The

31  affidavit submitted under this subsection is admissible in a

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  proceeding charging a parking ticket violation and raises the

 2  rebuttable presumption that the person identified in the

 3  affidavit is responsible for payment of the parking ticket

 4  violation.  The owner of a vehicle is not responsible for a

 5  parking ticket violation if the vehicle involved was, at the

 6  time, stolen or in the care, custody, or control of some

 7  person who did not have permission of the owner to use the

 8  vehicle. The owner of a leased vehicle is not responsible for

 9  a parking ticket violation and is not required to submit an

10  affidavit or the other evidence specified in this section, if

11  the vehicle is registered in the name of the person who leased

12  the vehicle.

13         (2)  Any person who is issued a county or municipal

14  parking ticket by a parking enforcement specialist or officer

15  is deemed to be charged with a noncriminal violation and shall

16  comply with the directions on the ticket. If payment is not

17  received or a response to the ticket is not made within the

18  time period specified thereon, the county court or its traffic

19  violations bureau shall notify the registered owner of the

20  vehicle that was cited, or the registered lessee when the

21  cited vehicle is registered in the name of the person who

22  leased the vehicle, by mail to the address given on the motor

23  vehicle registration, of the ticket. Mailing the notice to

24  this address constitutes notification. Upon notification, the

25  registered owner or registered lessee shall comply with the

26  court's directive.

27         (3)  Any person who fails to satisfy the court's

28  directive waives his or her right to pay the applicable civil

29  penalty.

30         (4)  Any person who elects to appear before a

31  designated official to present evidence waives his or her

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  right to pay the civil penalty provisions of the ticket. The

 2  official, after a hearing, shall make a determination as to

 3  whether a parking violation has been committed and may impose

 4  a civil penalty not to exceed $100 or the fine amount

 5  designated by county ordinance, plus court costs.  Any person

 6  who fails to pay the civil penalty within the time allowed by

 7  the court is deemed to have been convicted of a parking ticket

 8  violation, and the court shall take appropriate measures to

 9  enforce collection of the fine.

10         (5)  Any provision of subsections (2), (3), and (4) to

11  the contrary notwithstanding, chapter 318 does not apply to

12  violations of county parking ordinances and municipal parking

13  ordinances.

14         (6)  Any county or municipality may provide by

15  ordinance that the clerk of the court or the traffic

16  violations bureau shall supply the department with a

17  magnetically encoded computer tape reel or cartridge or send

18  by other electronic means data which is machine readable by

19  the installed computer system at the department, listing

20  persons who have three or more outstanding parking violations,

21  including violations of s. 316.1955. Each county shall provide

22  by ordinance that the clerk of the court or the traffic

23  violations bureau shall supply the department with a

24  magnetically encoded computer tape reel or cartridge or send

25  by other electronic means data that is machine readable by the

26  installed computer system at the department, listing persons

27  who have any outstanding violations of s. 316.1955 or any

28  similar local ordinance that regulates parking in spaces

29  designated for use by persons who have disabilities. The

30  department shall mark the appropriate registration records of

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  persons who are so reported. Section 320.03(8) applies to each

 2  person whose name appears on the list.

 3         Section 11.  Subsection (2) of section 316.2074,

 4  Florida Statutes, is amended to read:

 5         316.2074  All-terrain vehicles.--

 6         (2)  As used in this section, the term "all-terrain

 7  vehicle" means any motorized off-highway vehicle 50 inches or

 8  less in width, having a dry weight of 900 pounds or less,

 9  designed to travel on three or more low-pressure tires, having

10  a seat designed to be straddled by the operator and handlebars

11  for steering control, and intended for use by a single

12  operator with no passenger. For the purposes of this section,

13  "all-terrain vehicle" also includes any "two-rider ATV" as

14  defined in s. 317.0003.

15         Section 12.  Subsection (9) of section 316.650, Florida

16  Statutes, is amended to read:

17         316.650  Traffic citations.--

18         (9)  Such citations shall not be admissible evidence in

19  any trial, except when used as evidence of falsification,

20  forgery, uttering, fraud, or perjury, or when used as physical

21  evidence resulting from a forensic examination of the

22  citation.

23         Section 13.  Subsection (6) of section 317.0003,

24  Florida Statutes, is amended and subsection (9) is added to

25  that section, to read:

26         317.0003  Definitions.--As used in ss.

27  317.0001-317.0013, the term:

28         (6)  "Off-highway vehicle" means any ATV, two-rider

29  ATV, or OHM that is used off the roads or highways of this

30  state for recreational purposes and that is not registered and

31  licensed for highway use pursuant to chapter 320.

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (9)  "Two-rider ATV" means any ATV that is specifically

 2  designed by the manufacturer for a single operator and one

 3  passenger.

 4         Section 14.  Subsection (6) is added to section

 5  317.0007, Florida Statutes, to read:

 6         317.0007  Application for and issuance of certificate

 7  of title.--

 8         (6)  In addition to a certificate of title, the

 9  department may issue a validation sticker to be placed on the

10  off-highway vehicle as proof of the issuance of title required

11  pursuant to s. 317.0006(1). A validation sticker that is lost

12  or destroyed may, upon application, be replaced by the

13  department or county tax collector. The department and county

14  tax collector may charge and deposit the fees established in

15  ss. 320.03(5), 320.031, and 320.04 for all original and

16  replacement decals.

17         Section 15.  Subsection (2) of section 317.0008,

18  Florida Statutes, is repealed.

19         Section 16.  Section 317.0014, Florida Statutes, is

20  created to read:

21         317.0014  Certificate of title; issuance in duplicate;

22  delivery; liens and encumbrances.--

23         (1)  The department shall assign a number to each

24  certificate of title and shall issue each certificate of title

25  and each corrected certificate in duplicate. The database

26  record shall serve as the duplicate title certificate required

27  in this section. One printed copy may be retained on file by

28  the department.

29         (2)  A duly authorized person shall sign the original

30  certificate of title and each corrected certificate and, if

31  there are no liens or encumbrances on the off-highway vehicle,

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  as shown in the records of the department or as shown in the

 2  application, shall deliver the certificate to the applicant or

 3  to another person as directed by the applicant or person,

 4  agent, or attorney submitting the application. If there are

 5  one or more liens or encumbrances on the off-highway vehicle,

 6  the certificate shall be delivered by the department to the

 7  first lienholder as shown by department records or to the

 8  owner as indicated in the notice of lien filed by the first

 9  lienholder. If the notice of lien filed by the first

10  lienholder indicates that the certificate should be delivered

11  to the first lienholder, the department shall deliver to the

12  first lienholder, along with the certificate, a form to be

13  subsequently used by the lienholder as a satisfaction. If the

14  notice of lien filed by the first lienholder directs the

15  certificate of title to be delivered to the owner, then, upon

16  delivery of the certificate of title by the department to the

17  owner, the department shall deliver to the first lienholder

18  confirmation of the receipt of the notice of lien and the date

19  the certificate of title was issued to the owner at the

20  owner's address shown on the notice of lien and a form to be

21  subsequently used by the lienholder as a satisfaction. If the

22  application for certificate shows the name of a first

23  lienholder different from the name of the first lienholder as

24  shown by the records of the department, the certificate may

25  not be issued to any person until after all parties who appear

26  to hold a lien and the applicant for the certificate have been

27  notified of the conflict in writing by the department by

28  certified mail. If the parties do not amicably resolve the

29  conflict within 10 days after the date the notice was mailed,

30  the department shall serve notice in writing by certified mail

31  on all persons appearing to hold liens on that particular

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  vehicle, including the applicant for the certificate, to show

 2  cause within 15 days following the date the notice is mailed

 3  as to why it should not issue and deliver the certificate to

 4  the person indicated in the notice of lien filed by the

 5  lienholder whose name appears in the application as the first

 6  lienholder without showing any lien or liens as outstanding

 7  other than those appearing in the application or those that

 8  have been filed subsequent to the filing of the application

 9  for the certificate. If, within the 15-day period, any person

10  other than the lienholder shown in the application or a party

11  filing a subsequent lien, in answer to the notice to show

12  cause, appears in person or by a representative, or responds

13  in writing, and files a written statement under oath that his

14  or her lien on that particular vehicle is still outstanding,

15  the department may not issue the certificate to anyone until

16  after the conflict has been settled by the lien claimants

17  involved or by a court of competent jurisdiction. If the

18  conflict is not settled amicably within 10 days after the

19  final date for filing an answer to the notice to show cause,

20  the complaining party shall have 10 days in which to obtain a

21  ruling, or a stay order, from a court of competent

22  jurisdiction. If a ruling or stay order is not issued and

23  served on the department within the 10-day period, it shall

24  issue the certificate showing no liens except those shown in

25  the application or thereafter filed to the original applicant

26  if there are no liens shown in the application and none are

27  thereafter filed, or to the person indicated in the notice of

28  lien filed by the lienholder whose name appears in the

29  application as the first lienholder if there are liens shown

30  in the application or thereafter filed. A duplicate

31  certificate or corrected certificate shall show only the lien

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  or liens as shown in the application and any subsequently

 2  filed liens that may be outstanding.

 3         (3)  Except as provided in subsection (4), the

 4  certificate of title shall be retained by the first lienholder

 5  or the owner as indicated in the notice of lien filed by the

 6  first lienholder. If the first lienholder is in possession of

 7  the certificate, the first lienholder is entitled to retain

 8  the certificate until the first lien is satisfied.

 9         (4)  If the owner of the vehicle, as shown on the title

10  certificate, desires to place a second or subsequent lien or

11  encumbrance against the vehicle when the title certificate is

12  in the possession of the first lienholder, the owner shall

13  send a written request to the first lienholder by certified

14  mail, and the first lienholder shall forward the certificate

15  to the department for endorsement. If the title certificate is

16  in the possession of the owner, the owner shall forward the

17  certificate to the department for endorsement. The department

18  shall return the certificate to either the first lienholder or

19  to the owner, as indicated in the notice of lien filed by the

20  first lienholder, after endorsing the second or subsequent

21  lien on the certificate and on the duplicate. If the first

22  lienholder or owner fails, neglects, or refuses to forward the

23  certificate of title to the department within 10 days after

24  the date of the owner's request, the department, on the

25  written request of the subsequent lienholder or an assignee of

26  the lien, shall demand of the first lienholder the return of

27  the certificate for the notation of the second or subsequent

28  lien or encumbrance.

29         (5)(a)  Upon satisfaction of any first lien or

30  encumbrance recorded by the department, the owner of the

31  vehicle, as shown on the title certificate, or the person

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  satisfying the lien is entitled to demand and receive from the

 2  lienholder a satisfaction of the lien. If the lienholder, upon

 3  satisfaction of the lien and upon demand, fails or refuses to

 4  furnish a satisfaction of the lien within 30 days after

 5  demand, he or she is liable for all costs, damages, and

 6  expenses, including reasonable attorney's fees, lawfully

 7  incurred by the titled owner or person satisfying the lien in

 8  any suit brought in this state for cancellation of the lien.

 9  The lienholder receiving final payment as defined in s.

10  674.215 shall mail or otherwise deliver a lien satisfaction

11  and the certificate of title indicating the satisfaction

12  within 10 working days after receipt of final payment or

13  notify the person satisfying the lien that the title is not

14  available within 10 working days after receipt of final

15  payment. If the lienholder is unable to provide the

16  certificate of title and notifies the person of such, the

17  lienholder shall provide a lien satisfaction and is

18  responsible for the cost of a duplicate title, including

19  expedited title charges as provided in s. 317.0016. This

20  paragraph does not apply to electronic transactions under

21  subsection (8).

22         (b)  Following satisfaction of a lien, the lienholder

23  shall enter a satisfaction thereof in the space provided on

24  the face of the certificate of title. If the certificate of

25  title was retained by the owner, the owner shall, within 5

26  days after satisfaction of the lien, deliver the certificate

27  of title to the lienholder and the lienholder shall enter a

28  satisfaction thereof in the space provided on the face of the

29  certificate of title. If no subsequent liens are shown on the

30  certificate of title, the certificate shall be delivered by

31  the lienholder to the person satisfying the lien or

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  encumbrance and an executed satisfaction on a form provided by

 2  the department shall be forwarded to the department by the

 3  lienholder within 10 days after satisfaction of the lien.

 4         (c)  If the certificate of title shows a subsequent

 5  lien not then being discharged, an executed satisfaction of

 6  the first lien shall be delivered by the lienholder to the

 7  person satisfying the lien and the certificate of title

 8  showing satisfaction of the first lien shall be forwarded by

 9  the lienholder to the department within 10 days after

10  satisfaction of the lien.

11         (d)  If, upon receipt of a title certificate showing

12  satisfaction of the first lien, the department determines from

13  its records that there are no subsequent liens or encumbrances

14  upon the vehicle, the department shall forward to the owner,

15  as shown on the face of the title, a corrected certificate

16  showing no liens or encumbrances. If there is a subsequent

17  lien not being discharged, the certificate of title shall be

18  reissued showing the second or subsequent lienholder as the

19  first lienholder and shall be delivered to either the new

20  first lienholder or to the owner as indicated in the notice of

21  lien filed by the new first lienholder. If the certificate of

22  title is to be retained by the first lienholder on the

23  reissued certificate, the first lienholder is entitled to

24  retain the certificate of title except as provided in

25  subsection (4) until his or her lien is satisfied. Upon

26  satisfaction of the lien, the lienholder is subject to the

27  procedures required of a first lienholder by subsection (4)

28  and this subsection.

29         (6)  When the original certificate of title cannot be

30  returned to the department by the lienholder and evidence

31  satisfactory to the department is produced that all liens or

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  encumbrances have been satisfied, upon application by the

 2  owner for a duplicate copy of the certificate upon the form

 3  prescribed by the department, accompanied by the fee

 4  prescribed in this chapter, a duplicate copy of the

 5  certificate of title, without statement of liens or

 6  encumbrances, shall be issued by the department and delivered

 7  to the owner.

 8         (7)  Any person who fails, within 10 days after receipt

 9  of a demand by the department by certified mail, to return a

10  certificate of title to the department as required by

11  subsection (4) or who, upon satisfaction of a lien, fails

12  within 10 days after receipt of such demand to forward the

13  appropriate document to the department as required by

14  paragraph (5)(b) or paragraph (5)(c) commits a misdemeanor of

15  the second degree, punishable as provided in s. 775.082 or s.

16  775.073.

17         (8)  Notwithstanding any requirements in this section

18  or in s. 319.27 indicating that a lien on a vehicle shall be

19  noted on the face of the Florida certificate of title, if

20  there are one or more liens or encumbrances on the off-highway

21  vehicle, the department may electronically transmit the lien

22  to the first lienholder and notify the first lienholder of any

23  additional liens. Subsequent lien satisfactions may be

24  electronically transmitted to the department and must include

25  the name and address of the person or entity satisfying the

26  lien. When electronic transmission of liens and lien

27  satisfactions are used, the issuance of a certificate of title

28  may be waived until the last lien is satisfied and a clear

29  certificate of title is issued to the owner of the vehicle.

30         (9)  In sending any notice, the department is required

31  to use only the last known address, as shown by its records.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         Section 17.  Section 317.0015, Florida Statutes, is

 2  created to read:

 3         317.0015  Application of law.--Sections 319.235,

 4  319.241, 319.25, 319.27, 319.28, and 319.40 apply to all

 5  off-highway vehicles that are required to be titled under this

 6  chapter.

 7         Section 18.  Section 317.0016, Florida Statutes, is

 8  created to read:

 9         317.0016  Expedited service; applications; fees.--The

10  department shall provide, through its agents and for use by

11  the public, expedited service on title transfers, title

12  issuances, duplicate titles, recordation of liens, and

13  certificates of repossession. A fee of $7 shall be charged for

14  this service, which is in addition to the fees imposed by ss.

15  317.0007 and 317.0008, and $3.50 of this fee shall be retained

16  by the processing agency. All remaining fees shall be

17  deposited in the Incidental Trust Fund of the Division of

18  Forestry of the Department of Agriculture and Consumer

19  Services. Application for expedited service may be made by

20  mail or in person. The department shall issue each title

21  applied for pursuant to this section within 5 working days

22  after receipt of the application except for an application for

23  a duplicate title certificate covered by s. 317.0008(3), in

24  which case the title must be issued within 5 working days

25  after compliance with the department's verification

26  requirements.

27         Section 19.  Section 317.0017, Florida Statutes, is

28  created to read:

29         317.0017  Offenses involving vehicle identification

30  numbers, applications, certificates, papers; penalty.--

31         (1)  A person may not:

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (a)  Alter or forge any certificate of title to an

 2  off-highway vehicle or any assignment thereof or any

 3  cancellation of any lien on an off-highway vehicle.

 4         (b)  Retain or use such certificate, assignment, or

 5  cancellation knowing that it has been altered or forged.

 6         (c)  Procure or attempt to procure a certificate of

 7  title to an off-highway vehicle, or pass or attempt to pass a

 8  certificate of title or any assignment thereof to an

 9  off-highway vehicle, knowing or having reason to believe that

10  the off-highway vehicle has been stolen.

11         (d)  Possess, sell or offer for sale, conceal, or

12  dispose of in this state an off-highway vehicle, or major

13  component part thereof, on which any motor number or vehicle

14  identification number affixed by the manufacturer or by a

15  state agency has been destroyed, removed, covered, altered, or

16  defaced, with knowledge of such destruction, removal,

17  covering, alteration, or defacement, except as provided in s.

18  319.30(4).

19         (e)  Use a false or fictitious name, give a false or

20  fictitious address, or make any false statement in any

21  application or affidavit required under this chapter or in a

22  bill of sale or sworn statement of ownership or otherwise

23  commit a fraud in any application.

24         (2)  A person may not knowingly obtain goods, services,

25  credit, or money by means of an invalid, duplicate,

26  fictitious, forged, counterfeit, stolen, or unlawfully

27  obtained certificate of title, registration, bill of sale, or

28  other indicia of ownership of an off-highway vehicle.

29         (3)  A person may not knowingly obtain goods, services,

30  credit, or money by means of a certificate of title to an

31  

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  off-highway vehicle, which certificate is required by law to

 2  be surrendered to the department.

 3         (4)  A person may not knowingly and with intent to

 4  defraud have in his or her possession, sell, offer to sell,

 5  counterfeit, or supply a blank, forged, fictitious,

 6  counterfeit, stolen, or fraudulently or unlawfully obtained

 7  certificate of title, bill of sale, or other indicia of

 8  ownership of an off-highway vehicle or conspire to do any of

 9  the foregoing.

10         (5)  A person, firm, or corporation may not knowingly

11  possess, manufacture, sell or exchange, offer to sell or

12  exchange, supply in blank, or give away any counterfeit

13  manufacturer's or state-assigned identification number plates

14  or serial plates or any decal used for the purpose of

15  identifying an off-highway vehicle. An officer, agent, or

16  employee of any person, firm, or corporation, or any person

17  may not authorize, direct, aid in exchange, or give away, or

18  conspire to authorize, direct, aid in exchange, or give away,

19  such counterfeit manufacturer's or state-assigned

20  identification number plates or serial plates or any decal.

21  However, this subsection does not apply to any approved

22  replacement manufacturer's or state-assigned identification

23  number plates or serial plates or any decal issued by the

24  department or any state.

25         (6)  A person who violates any provision of this

26  section commits a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084. Any

28  off-highway vehicle used in violation of this section

29  constitutes contraband that may be seized by a law enforcement

30  agency and that is subject to forfeiture proceedings pursuant

31  to ss. 932.701-932.704. This section is not exclusive of any

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  other penalties prescribed by any existing or future laws for

 2  the larceny or unauthorized taking of off-highway vehicles,

 3  but is supplementary thereto.

 4         Section 20.  Section 317.0018, Florida Statutes, is

 5  created to read:

 6         317.0018  Transfer without delivery of certificate;

 7  operation or use without certificate; failure to surrender;

 8  other violations.--Except as otherwise provided in this

 9  chapter, any person who:

10         (1)  Purports to sell or transfer an off-highway

11  vehicle without delivering to the purchaser or transferee of

12  the vehicle a certificate of title to the vehicle duly

13  assigned to the purchaser as provided in this chapter;

14         (2)  Operates or uses in this state an off-highway

15  vehicle for which a certificate of title is required without

16  the certificate having been obtained in accordance with this

17  chapter, or upon which the certificate of title has been

18  canceled;

19         (3)  Fails to surrender a certificate of title upon

20  cancellation of the certificate by the department and notice

21  thereof as prescribed in this chapter;

22         (4)  Fails to surrender the certificate of title to the

23  department as provided in this chapter in the case of the

24  destruction, dismantling, or change of an off-highway vehicle

25  in such respect that it is not the off-highway vehicle

26  described in the certificate of title; or

27         (5)  Violates any other provision of this chapter or a

28  lawful rule adopted pursuant to this chapter,

29  

30  shall be fined not more than $500 or imprisoned for not more

31  than 6 months, or both, for each offense.

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         Section 21.  Subsection (7) of section 318.14, Florida

 2  Statutes, is amended to read:

 3         318.14  Noncriminal traffic infractions; exception;

 4  procedures.--

 5         (7)(a)  The official having jurisdiction over the

 6  infraction shall certify to the department within 10 days

 7  after payment of the civil penalty that the defendant has

 8  admitted to the infraction.  If the charge results in a

 9  hearing, the official having jurisdiction shall certify to the

10  department the final disposition within 10 days after of the

11  hearing. All dispositions returned to the county requiring a

12  correction shall be resubmitted to the department within 10

13  days after the notification of the error.

14         (b)  If the official having jurisdiction over the

15  traffic infraction submits the final disposition to the

16  department more than 180 days after the final hearing or after

17  payment of the civil penalty, the department may modify any

18  resulting suspension or revocation action to begin as if the

19  citation were reported in a timely manner.

20         Section 22.  Effective July 1, 2004, subsection (2) of

21  section 318.15, Florida Statutes, as amended by section 98 of

22  chapter 2003-402, Laws of Florida, is amended to read:

23         318.15  Failure to comply with civil penalty or to

24  appear; penalty.--

25         (2)  After suspension of the driver's license and

26  privilege to drive of a person under subsection (1), the

27  license and privilege may not be reinstated until the person

28  complies with all obligations and penalties imposed on him or

29  her under s. 318.18 and presents to a driver license office a

30  certificate of compliance issued by the court, together with a

31  nonrefundable service fee of up to $37.50 imposed under s.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  322.29, or pays the aforementioned service fee of up to $37.50

 2  to the clerk of the court or tax collector clearing such

 3  suspension. If the fee is collected by the clerk of the court,

 4  $10 of the fee shall be remitted to the Department of Revenue

 5  for deposit into the Highway Safety Operating Trust Fund. If

 6  the fee is collected by the tax collector, $10 of the fee

 7  shall be remitted to the Department of Highway Safety and

 8  Motor Vehicles for deposit into the Highway Safety Operating

 9  Trust Fund. Such person shall also be in compliance with

10  requirements of chapter 322 prior to reinstatement.

11         Section 23.  Subsection (6) of section 319.23, Florida

12  Statutes, is amended to read:

13         319.23  Application for, and issuance of, certificate

14  of title.--

15         (6)  In the case of the sale of a motor vehicle or

16  mobile home by a licensed dealer to a general purchaser, the

17  certificate of title shall be obtained in the name of the

18  purchaser by the dealer upon application signed by the

19  purchaser, and in each other case such certificate shall be

20  obtained by the purchaser.  In each case of transfer of a

21  motor vehicle or mobile home, the application for certificate

22  of title, or corrected certificate, or assignment or

23  reassignment, shall be filed within 30 days from the delivery

24  of such motor vehicle or mobile home to the purchaser.  An

25  applicant shall be required to pay a fee of $10, in addition

26  to all other fees and penalties required by law, for failing

27  to file such application within the specified time.  When a

28  licensed dealer acquires a motor vehicle or mobile home as a

29  trade-in, the dealer must file with the department a notice of

30  sale signed by the seller. The department shall update its

31  database for that title record to indicate "sold." A licensed

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  dealer need not apply for a certificate of title for any motor

 2  vehicle or mobile home in stock acquired for stock purposes

 3  except as provided in s. 319.225.

 4         Section 24.  Subsections (2) and (3) of section 319.27,

 5  Florida Statutes, are amended to read:

 6         319.27  Notice of lien on motor vehicles or mobile

 7  homes; notation on certificate; recording of lien.--

 8         (2)  No lien for purchase money or as security for a

 9  debt in the form of a security agreement, retain title

10  contract, conditional bill of sale, chattel mortgage, or other

11  similar instrument or any other nonpossessory lien, including

12  a lien for child support, upon a motor vehicle or mobile home

13  upon which a Florida certificate of title has been issued

14  shall be enforceable in any of the courts of this state

15  against creditors or subsequent purchasers for a valuable

16  consideration and without notice, unless a sworn notice of

17  such lien has been filed in the department and such lien has

18  been noted upon the certificate of title of the motor vehicle

19  or mobile home. Such notice shall be effective as constructive

20  notice when filed. No interest of a statutory nonpossessory

21  lienor; the interest of a nonpossessory execution, attachment,

22  or equitable lienor; or the interest of a lien creditor as

23  defined in s. 679.1021(1)(zz) s. 679.301(3), if nonpossessory,

24  shall be enforceable against creditors or subsequent

25  purchasers for a valuable consideration unless such interest

26  becomes a possessory lien or is noted upon the certificate of

27  title for the subject motor vehicle or mobile home prior to

28  the occurrence of the subsequent transaction.  Provided the

29  provisions of this subsection relating to a nonpossessory

30  statutory lienor; a nonpossessory execution, attachment, or

31  equitable lienor; or the interest of a lien creditor as

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  defined in s. 679.1021(1)(zz) s. 679.301(3) shall not apply to

 2  liens validly perfected prior to October 1, 1988.  The notice

 3  of lien shall provide the following information:

 4         (a)  The date of the lien if a security agreement,

 5  retain title contract, conditional bill of sale, chattel

 6  mortgage, or other similar instrument was executed prior to

 7  the filing of the notice of lien;

 8         (b)  The name and address of the registered owner;

 9         (c)  A description of the motor vehicle or mobile home,

10  showing the make, type, and vehicle identification number; and

11         (d)  The name and address of the lienholder.

12         (3)(a)  A person may file a notice of lien with regard

13  to a motor vehicle or mobile home before a security agreement,

14  retain title contract, conditional bill of sale, chattel

15  mortgage, or other similar instrument is executed granting a

16  lien, mortgage, or encumbrance on, or a security interest in,

17  such motor vehicle or mobile home.

18         (b)  As applied to a determination of the respective

19  rights of a secured party under this chapter and a lien

20  creditor as defined by s. 679.1021(1)(zz) s. 679.301(3), or a

21  nonpossessory statutory lienor, a security interest under this

22  chapter shall be perfected upon the filing of the notice of

23  lien with the department, the county tax collector, or their

24  agents. Provided, however, the date of perfection of a

25  security interest of such secured party shall be the same date

26  as the execution of the security agreement or other similar

27  instrument if the notice of lien is filed in accordance with

28  this subsection within 15 days after the debtor receives

29  possession of the motor vehicle or mobile home and executes

30  such security agreement or other similar instrument. The date

31  of filing of the notice of lien shall be the date of its

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  receipt by the department central office in Tallahassee, if

 2  first filed there, or otherwise by the office of the county

 3  tax collector, or their agents.

 4         Section 25.  Section 320.0601, Florida Statutes, is

 5  amended to read:

 6         320.0601  Lease and rental car companies;

 7  identification of vehicles as for-hire.--

 8         (1)  A rental car company may not rent in this state

 9  any for-hire vehicle, other than vehicles designed to

10  transport cargo, that has affixed to its exterior any bumper

11  stickers, insignias, or advertising that identifies the

12  vehicle as a rental vehicle.

13         (2)  As used in this section, the term:

14         (a)  "Bumper stickers, insignias, or advertising" does

15  not include:

16         1.  Any emblem of no more than two colors which is less

17  than 2 inches by 4 inches, which is placed on the rental car

18  for inventory purposes only, and which does not display the

19  name or logo of the rental car company; or

20         2.  Any license required by the law of the state in

21  which the vehicle is registered.

22         (b)  "Rent in this state" means to sign a rental

23  contract in this state or to deliver a car to a renter in this

24  state.

25         (3)  A rental car company that leases a motor vehicle

26  that is found to be in violation of this section shall be

27  punished by a fine of $500 per occurrence.

28         (4)  Effective July 1, 2004, each original or transfer

29  transaction of a long-term leased motor vehicle must be

30  registered in the name of the lessee.

31  

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         Section 26.  Section 320.0605, Florida Statutes, is

 2  amended to read:

 3         320.0605  Certificate of registration; possession

 4  required; exception.--The registration certificate or an

 5  official copy thereof, a true copy of a rental or lease

 6  agreement issued for a motor vehicle or issued for a

 7  replacement vehicle in the same registration period, a

 8  temporary receipt printed upon self-initiated electronic

 9  renewal of a registration via the Internet, or a cab card

10  issued for a vehicle registered under the International

11  Registration Plan shall, at all times while the vehicle is

12  being used or operated on the roads of this state, be in the

13  possession of the operator thereof or be carried in the

14  vehicle for which issued and shall be exhibited upon demand of

15  any authorized law enforcement officer or any agent of the

16  department, except for a vehicle registered under s. 320.0657.

17  The provisions of this section do not apply during the first

18  30 days after purchase of a replacement vehicle. A violation

19  of this section is a noncriminal traffic infraction,

20  punishable as a nonmoving violation as provided in chapter

21  318.

22         Section 27.  Subsection (8) is added to section

23  320.131, Florida Statutes, to read:

24         320.131  Temporary tags.--

25         (8)  The department may administer an electronic system

26  for licensed motor vehicle dealers to use in issuing temporary

27  tags. Upon issuing a temporary tag, the dealer shall access

28  the electronic system and enter the appropriate vehicle and

29  owner information within the timeframe specified by department

30  rule. If a dealer fails to comply with the department's

31  requirements for issuing temporary tags using the electronic

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  system, the department may deny, suspend, or revoke a license

 2  under s. 320.27(9)(b)16. upon proof that the licensee has

 3  failed to comply with the department's requirements.

 4         Section 28.  Subsection (1) of section 320.18, Florida

 5  Statutes, is amended to read:

 6         320.18  Withholding registration.--

 7         (1)  The department may withhold the registration of

 8  any motor vehicle or mobile home the owner of which has failed

 9  to register it under the provisions of law for any previous

10  period or periods for which it appears registration should

11  have been made in this state, until the tax for such period or

12  periods is paid. The department may cancel any vehicle  or

13  vessel registration, driver's license, identification card,

14  license plate or fuel-use tax decal if the owner pays for the

15  vehicle or vessel registration, driver's license,

16  identification card, or license plate, fuel-use tax decal;

17  pays any administrative, delinquency, or reinstatement fee;,

18  or pays any tax liability, penalty, or interest specified in

19  chapter 207 by a dishonored check, or if the vehicle owner or

20  motor carrier has failed to pay a penalty for a weight or

21  safety violation issued by the Department of Transportation

22  Motor Carrier Compliance Office. The Department of

23  Transportation and the Department of Highway Safety and Motor

24  Vehicles may impound any commercial motor vehicle that has a

25  canceled license plate or fuel-use tax decal until the tax

26  liability, penalty, and interest specified in chapter 207, the

27  license tax, or the fuel-use decal fee, and applicable

28  administrative fees have been paid for by certified funds.

29         Section 29.  Subsection (6) and paragraph (b) of

30  subsection (9) of section 320.27, Florida Statutes, are

31  amended to read:

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         320.27  Motor vehicle dealers.--

 2         (6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee

 3  shall keep a book or record in such form as shall be

 4  prescribed or approved by the department for a period of 5

 5  years, in which the licensee shall keep a record of the

 6  purchase, sale, or exchange, or receipt for the purpose of

 7  sale, of any motor vehicle, the date upon which any temporary

 8  tag was issued, the date of title transfer, and a description

 9  of such motor vehicle together with the name and address of

10  the seller, the purchaser, and the alleged owner or other

11  person from whom such motor vehicle was purchased or received

12  or to whom it was sold or delivered, as the case may be.  Such

13  description shall include the identification or engine number,

14  maker's number, if any, chassis number, if any, and such other

15  numbers or identification marks as may be thereon and shall

16  also include a statement that a number has been obliterated,

17  defaced, or changed, if such is the fact.

18         (9)  DENIAL, SUSPENSION, OR REVOCATION.--

19         (b)  The department may deny, suspend, or revoke any

20  license issued hereunder or under the provisions of s. 320.77

21  or s. 320.771 upon proof that a licensee has committed, with

22  sufficient frequency so as to establish a pattern of

23  wrongdoing on the part of a licensee, violations of one or

24  more of the following activities:

25         1.  Representation that a demonstrator is a new motor

26  vehicle, or the attempt to sell or the sale of a demonstrator

27  as a new motor vehicle without written notice to the purchaser

28  that the vehicle is a demonstrator. For the purposes of this

29  section, a "demonstrator," a "new motor vehicle," and a "used

30  motor vehicle" shall be defined as under s. 320.60.

31  

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         2.  Unjustifiable refusal to comply with a licensee's

 2  responsibility under the terms of the new motor vehicle

 3  warranty issued by its respective manufacturer, distributor,

 4  or importer. However, if such refusal is at the direction of

 5  the manufacturer, distributor, or importer, such refusal shall

 6  not be a ground under this section.

 7         3.  Misrepresentation or false, deceptive, or

 8  misleading statements with regard to the sale or financing of

 9  motor vehicles which any motor vehicle dealer has, or causes

10  to have, advertised, printed, displayed, published,

11  distributed, broadcast, televised, or made in any manner with

12  regard to the sale or financing of motor vehicles.

13         4.  Failure by any motor vehicle dealer to provide a

14  customer or purchaser with an odometer disclosure statement

15  and a copy of any bona fide written, executed sales contract

16  or agreement of purchase connected with the purchase of the

17  motor vehicle purchased by the customer or purchaser.

18         5.  Failure of any motor vehicle dealer to comply with

19  the terms of any bona fide written, executed agreement,

20  pursuant to the sale of a motor vehicle.

21         6.  Failure to apply for transfer of a title as

22  prescribed in s. 319.23(6).

23         7.  Use of the dealer license identification number by

24  any person other than the licensed dealer or his or her

25  designee.

26         8.  Failure to continually meet the requirements of the

27  licensure law.

28         9.  Representation to a customer or any advertisement

29  to the public representing or suggesting that a motor vehicle

30  is a new motor vehicle if such vehicle lawfully cannot be

31  titled in the name of the customer or other member of the

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  public by the seller using a manufacturer's statement of

 2  origin as permitted in s. 319.23(1).

 3         10.  Requirement by any motor vehicle dealer that a

 4  customer or purchaser accept equipment on his or her motor

 5  vehicle which was not ordered by the customer or purchaser.

 6         11.  Requirement by any motor vehicle dealer that any

 7  customer or purchaser finance a motor vehicle with a specific

 8  financial institution or company.

 9         12.  Requirement by any motor vehicle dealer that the

10  purchaser of a motor vehicle contract with the dealer for

11  physical damage insurance.

12         13.  Perpetration of a fraud upon any person as a

13  result of dealing in motor vehicles, including, without

14  limitation, the misrepresentation to any person by the

15  licensee of the licensee's relationship to any manufacturer,

16  importer, or distributor.

17         14.  Violation of any of the provisions of s. 319.35 by

18  any motor vehicle dealer.

19         15.  Sale by a motor vehicle dealer of a vehicle

20  offered in trade by a customer prior to consummation of the

21  sale, exchange, or transfer of a newly acquired vehicle to the

22  customer, unless the customer provides written authorization

23  for the sale of the trade-in vehicle prior to delivery of the

24  newly acquired vehicle.

25         16.  Willful failure to comply with any administrative

26  rule adopted by the department or the provisions of s.

27  320.131(8).

28         17.  Violation of chapter 319, this chapter, or ss.

29  559.901-559.9221, which has to do with dealing in or repairing

30  motor vehicles or mobile homes. Additionally, in the case of

31  used motor vehicles, the willful violation of the federal law

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining

 2  to the consumer sales window form.

 3         Section 30.  Subsections (1) and (9) of section

 4  320.8249, Florida Statutes, are amended to read:

 5         320.8249  Mobile home installers license.--

 6         (1)  Any person who installs a engages in mobile home

 7  installation shall obtain a mobile home installers license

 8  from the Bureau of Mobile Home and Recreational Vehicle

 9  Construction of the Department of Highway Safety and Motor

10  Vehicles pursuant to this section.  Said license shall be

11  renewed annually, and each licensee shall pay a fee of $150.

12         (9)  A No licensed person or nor licensed applicant may

13  not shall:

14         (a)  Obtain a mobile home installers license by fraud

15  or misrepresentation.

16         (b)  Be convicted or found guilty of, or enter a plea

17  of nolo contendere to, regardless of adjudication, a crime in

18  any jurisdiction which directly relates to the practice of

19  mobile home installation or the ability to practice.

20         (c)  Violate any lawful order of the department or any

21  other law of this state, including any provision of chapter

22  319 or this chapter.

23         (d)  Commit fraud or deceit in the practice of

24  contracting.

25         (e)  Commit incompetence or misconduct in the practice

26  of contracting.

27         (f)  Commit gross negligence, repeated negligence, or

28  negligence resulting in a significant danger to life or

29  property.

30         (g)  Commit violations of the installation standards

31  for mobile homes or manufactured homes contained in rules

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  15C-1 and 15C-2 15C-1.0102 to 15C-1.0104, Florida

 2  Administrative Code.

 3         Section 31.  Subsections (4) and (10) of section

 4  322.05, Florida Statutes, are amended to read:

 5         322.05  Persons not to be licensed.--The department may

 6  not issue a license:

 7         (4)  Except as provided by this subsection, to any

 8  person, as a Class A licensee, Class B licensee, or Class C

 9  licensee, or Class D licensee, who is under the age of 18

10  years.  A person age 16 or 17 years who applies for a Class D

11  driver's license is subject to all the requirements and

12  provisions of paragraphs (2)(a) and (b) and ss. 322.09 and

13  322.16(2) and (3). The department may require of any such

14  applicant for a Class D driver's license such examination of

15  the qualifications of the applicant as the department

16  considers proper, and the department may limit the use of any

17  license granted as it considers proper.

18         (10)  To any person, when the department has good cause

19  to believe that the operation of a motor vehicle on the

20  highways by such person would be detrimental to public safety

21  or welfare. Deafness alone shall not prevent the person

22  afflicted from being issued a Class D or Class E driver's

23  license.

24         Section 32.  Paragraph (a) of subsection (1) and

25  paragraphs (b) and (c) of subsection (2) of section 322.051,

26  Florida Statutes, are amended, and subsection (8) is added to

27  that section, to read:

28         322.051  Identification cards.--

29         (1)  Any person who is 12 years of age or older, or any

30  person who has a disability, regardless of age, who applies

31  for a disabled parking permit under s. 320.0848, may be issued

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  an identification card by the department upon completion of an

 2  application and payment of an application fee.

 3         (a)  Each such application shall include the following

 4  information regarding the applicant:

 5         1.  Full name (first, middle or maiden, and last),

 6  gender, social security card number, county of residence and

 7  mailing address, country of birth, and a brief description.

 8         2.  Proof of birth date satisfactory to the department.

 9         3.  Proof of identity satisfactory to the department.

10  Such proof must include one of the following documents issued

11  to the applicant:

12         a.  A driver's license record or identification card

13  record from another jurisdiction that required the applicant

14  to submit a document for identification which is substantially

15  similar to a document required under sub-subparagraph b.,

16  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

17  or sub-subparagraph f., or sub-subparagraph g.;

18         b.  A certified copy of a United States birth

19  certificate;

20         c.  A valid United States passport;

21         d.  A naturalization certificate issued by the United

22  States Department of Justice;

23         e.d.  An alien registration receipt card (green card);

24         f.e.  An employment authorization card issued by the

25  United States Department of Justice; or

26         g.f.  Proof of nonimmigrant classification provided by

27  the United States Department of Justice, for an original

28  identification card. In order to prove such nonimmigrant

29  classification, applicants may produce but are not limited to

30  the following documents:

31  

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (I)  A notice of hearing from an immigration court

 2  scheduling a hearing on any proceeding.

 3         (II)  A notice from the Board of Immigration Appeals

 4  acknowledging pendency of an appeal.

 5         (III)  Notice of the approval of an application for

 6  adjustment of status issued by the United States Immigration

 7  and Naturalization Service.

 8         (IV)  Any official documentation confirming the filing

 9  of a petition for asylum status or any other relief issued by

10  the United States Immigration and Naturalization Service.

11         (V)  Notice of action transferring any pending matter

12  from another jurisdiction to Florida, issued by the United

13  States Immigration and Naturalization Service.

14         (VI)  Order of an immigration judge or immigration

15  officer granting any relief that authorizes the alien to live

16  and work in the United States including, but not limited to

17  asylum.

18  

19  Presentation of any of the foregoing documents described in

20  sub-subparagraph f. or sub-subparagraph g. entitles shall

21  entitle the applicant to an identification card a driver's

22  license or temporary permit for a period not to exceed the

23  expiration date of the document presented or 2 years,

24  whichever first occurs.

25         (2)

26         (b)  Notwithstanding any other provision of this

27  chapter, if an applicant establishes his or her identity for

28  an identification card using a document authorized under

29  sub-subparagraph (1)(a)3.e. (a)3.d., the identification card

30  shall expire on the fourth birthday of the applicant following

31  the date of original issue or upon first renewal or duplicate

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  issued after implementation of this section. After an initial

 2  showing of such documentation, he or she is exempted from

 3  having to renew or obtain a duplicate in person.

 4         (c)  Notwithstanding any other provisions of this

 5  chapter, if an applicant establishes his or her identity for

 6  an identification card using an identification document

 7  authorized under sub-subparagraph (1)(a)3.f. or

 8  sub-subparagraph (1)(a)3.g. sub-subparagraphs (a)3.e.-f., the

 9  identification card shall expire 2 years after the date of

10  issuance or upon the expiration date cited on the United

11  States Department of Justice documents, whichever date first

12  occurs, and may not be renewed or obtain a duplicate except in

13  person.

14         (8)  The department shall, upon receipt of the required

15  fee, issue to each qualified applicant for an identification

16  card a color photographic or digital image identification card

17  bearing a fullface photograph or digital image of the

18  identification cardholder. Notwithstanding chapter 761 or s.

19  761.05, the requirement for a fullface photograph or digital

20  image of the identification cardholder may not be waived. A

21  space shall be provided upon which the identification

22  cardholder shall affix his or her usual signature, as required

23  in s. 322.14, in the presence of an authorized agent of the

24  department so as to ensure that such signature becomes a part

25  of the identification card.

26         Section 33.  Subsections (2) and (3) of section 322.07,

27  Florida Statutes, are amended to read:

28         322.07  Instruction permits and temporary licenses.--

29         (2)  The department may, in its discretion, issue a

30  temporary permit to an applicant for a Class D or Class E

31  driver's license permitting him or her to operate a motor

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  vehicle of the type for which a Class D or Class E driver's

 2  license is required while the department is completing its

 3  investigation and determination of all facts relative to such

 4  applicant's right to receive a driver's license.  Such permit

 5  must be in his or her immediate possession while operating a

 6  motor vehicle, and it shall be invalid when the applicant's

 7  license has been issued or for good cause has been refused.

 8         (3)  Any person who, except for his or her lack of

 9  instruction in operating a Class D or commercial motor

10  vehicle, would otherwise be qualified to obtain a Class D or

11  commercial driver's license under this chapter, may apply for

12  a temporary Class D or temporary commercial instruction

13  permit. The department shall issue such a permit entitling the

14  applicant, while having the permit in his or her immediate

15  possession, to drive a Class D or commercial motor vehicle on

16  the highways, provided that:

17         (a)  The applicant possesses a valid driver's license

18  issued in any state; and

19         (b)  The applicant, while operating a Class D or

20  commercial motor vehicle, is accompanied by a licensed driver

21  who is 21 years of age or older, who is licensed to operate

22  the class of vehicle being operated, and who is actually

23  occupying the closest seat to the right of the driver.

24         Section 34.  Subsection (2) of section 322.08, Florida

25  Statutes, is amended to read:

26         322.08  Application for license.--

27         (2)  Each such application shall include the following

28  information regarding the applicant:

29         (a)  Full name (first, middle or maiden, and last),

30  gender, social security card number, county of residence and

31  mailing address, country of birth, and a brief description.

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (b)  Proof of birth date satisfactory to the

 2  department.

 3         (c)  Proof of identity satisfactory to the department.

 4  Such proof must include one of the following documents issued

 5  to the applicant:

 6         1.  A driver's license record or identification card

 7  record from another jurisdiction that required the applicant

 8  to submit a document for identification which is substantially

 9  similar to a document required under subparagraph 2.,

10  subparagraph 3., subparagraph 4., subparagraph 5., or

11  subparagraph 6., or subparagraph 7.;

12         2.  A certified copy of a United States birth

13  certificate;

14         3.  A valid United States passport;

15         4.  A naturalization certificate issued by the United

16  States Department of Justice;

17         5.4.  An alien registration receipt card (green card);

18         6.5.  An employment authorization card issued by the

19  United States Department of Justice; or

20         7.6.  Proof of nonimmigrant classification provided by

21  the United States Department of Justice, for an original

22  driver's license. In order to prove nonimmigrant

23  classification, an applicant may produce the following

24  documents, including, but not limited to:

25         a.  A notice of hearing from an immigration court

26  scheduling a hearing on any proceeding.

27         b.  A notice from the Board of Immigration Appeals

28  acknowledging pendency of an appeal.

29         c.  A notice of the approval of an application for

30  adjustment of status issued by the United States Immigration

31  and Naturalization Service.

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         d.  Any official documentation confirming the filing of

 2  a petition for asylum status or any other relief issued by the

 3  United States Immigration and Naturalization Service.

 4         e.  A notice of action transferring any pending matter

 5  from another jurisdiction to this state issued by the United

 6  States Immigration and Naturalization Service.

 7         f.  An order of an immigration judge or immigration

 8  officer granting any relief that authorizes the alien to live

 9  and work in the United States, including, but not limited to,

10  asylum.

11  

12  Presentation of any of the documents in subparagraph 6. or

13  subparagraph 7. entitles the applicant to a driver's license

14  or temporary permit for a period not to exceed the expiration

15  date of the document presented or 2 years, whichever occurs

16  first.

17         (d)  Whether the applicant has previously been licensed

18  to drive, and, if so, when and by what state, and whether any

19  such license or driving privilege has ever been disqualified,

20  revoked, or suspended, or whether an application has ever been

21  refused, and, if so, the date of and reason for such

22  disqualification, suspension, revocation, or refusal.

23         (e)  Each such application may include fingerprints and

24  other unique biometric means of identity.

25         Section 35.  Subsection (3) of section 322.12, Florida

26  Statutes, is amended to read:

27         322.12  Examination of applicants.--

28         (3)  For an applicant for a Class D or a Class E

29  driver's license, such examination shall include a test of the

30  applicant's eyesight given by the driver's license examiner

31  designated by the department or by a licensed ophthalmologist,

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  optometrist, or physician and a test of the applicant's

 2  hearing given by a driver's license examiner or a licensed

 3  physician.  The examination shall also include a test of the

 4  applicant's ability to read and understand highway signs

 5  regulating, warning, and directing traffic; his or her

 6  knowledge of the traffic laws of this state, including laws

 7  regulating driving under the influence of alcohol or

 8  controlled substances, driving with an unlawful blood-alcohol

 9  level, and driving while intoxicated; and his or her knowledge

10  of the effects of alcohol and controlled substances upon

11  persons and the dangers of driving a motor vehicle while under

12  the influence of alcohol or controlled substances and shall

13  include an actual demonstration of ability to exercise

14  ordinary and reasonable control in the operation of a motor

15  vehicle.

16         Section 36.  Subsections (1) and (4) of section

17  322.135, Florida Statutes, are amended, and subsection (9) is

18  added to that section, to read:

19         322.135  Driver's license agents.--

20         (1)  The department may, upon application, authorize

21  any or all of the tax collectors in the several counties of

22  the state, subject to the requirements of law, in accordance

23  with rules of the department, to serve as its agent for the

24  provision of specified driver's license services.

25         (a)  These services shall be limited to the issuance of

26  driver's licenses and identification cards as authorized by

27  this chapter.

28         (b)  Each tax collector who is authorized by the

29  department to provide driver's license services shall bear all

30  costs associated with providing those services.

31  

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (c)  A fee of $5.25 is to be charged, in addition to

 2  the fees set forth in this chapter, for any driver's license

 3  issued or renewed by a tax collector. One dollar of the $5.25

 4  fee must be deposited into the Highway Safety Operating Trust

 5  Fund.

 6         (4)  A tax collector may not issue or renew a driver's

 7  license if he or she has any reason to believe that the

 8  licensee or prospective licensee is physically or mentally

 9  unqualified to operate a motor vehicle. The tax collector may

10  shall direct any such licensee to the department for

11  examination or reexamination under s. 322.221.

12         (9)  Notwithstanding chapter 116, each county officer

13  within this state who is authorized to collect funds provided

14  for in this chapter shall pay all sums officially received by

15  the officer into the State Treasury no later than 5 working

16  days after the close of the business day in which the officer

17  received the funds. Payment by county officers to the state

18  shall be made by means of electronic funds transfers.

19         Section 37.  Subsection (1) of section 322.142, Florida

20  Statutes, is amended to read:

21         322.142  Color photographic or digital imaged

22  licenses.--

23         (1)  The department shall, upon receipt of the required

24  fee, issue to each qualified applicant for a an original

25  driver's license a color photographic or digital imaged

26  driver's license bearing a fullface photograph or digital

27  image of the licensee. Notwithstanding chapter 761 or s.

28  761.05, the requirement for a fullface photograph or digital

29  image of the licensee may not be waived. A space shall be

30  provided upon which the licensee shall affix his or her usual

31  signature, as required in s. 322.14, in the presence of an

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  authorized agent of the department so as to ensure that such

 2  signature becomes a part of the license.

 3         Section 38.  Paragraph (a) of subsection (1) and

 4  subsection (2) of section 322.161, Florida Statutes, are

 5  amended to read:

 6         322.161  High-risk drivers; restricted licenses.--

 7         (1)(a)  Notwithstanding any provision of law to the

 8  contrary, the department shall restrict the driving privilege

 9  of any Class D or Class E licensee who is age 15 through 17

10  and who has accumulated six or more points pursuant to s.

11  318.14, excluding parking violations, within a 12-month

12  period.

13         (2)(a)  Any Class E licensee who is age 15 through 17

14  and who has accumulated six or more points pursuant to s.

15  318.14, excluding parking violations, within a 12-month period

16  shall not be eligible to obtain a Class D license for a period

17  of no less than 1 year.  The period of ineligibility shall

18  begin on the date of conviction for the violation that results

19  in the licensee's accumulation of six or more points.

20         (b)  The period of ineligibility shall automatically

21  expire after 1 year if the licensee does not accumulate any

22  additional points.  If the licensee accumulates any additional

23  points, then the period of ineligibility shall be extended 90

24  days for each point.  The period of ineligibility shall also

25  automatically expire upon the licensee's 18th birthday if no

26  other grounds for ineligibility exist.

27         Section 39.  Subsection (3) of section 322.17, Florida

28  Statutes, is amended to read:

29         322.17  Duplicate and replacement certificates.--

30         (3)  Notwithstanding any other provisions of this

31  chapter, if a licensee establishes his or her identity for a

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  driver's license using an identification document authorized

 2  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the

 3  licensee may not obtain a duplicate or replacement instruction

 4  permit or driver's license except in person and upon

 5  submission of an identification document authorized under s.

 6  322.08(2)(c)6. or 7 s. 322.08(2)(c)5.-6.

 7         Section 40.  Subsections (2) and (4) of section 322.18,

 8  Florida Statutes, are amended to read:

 9         322.18  Original applications, licenses, and renewals;

10  expiration of licenses; delinquent licenses.--

11         (2)  Each applicant who is entitled to the issuance of

12  a driver's license, as provided in this section, shall be

13  issued a driver's license, as follows:

14         (a)  An applicant applying for an original issuance

15  shall be issued a driver's license which expires at midnight

16  on the licensee's birthday which next occurs on or after the

17  sixth anniversary of the date of issue.

18         (b)  An applicant applying for a renewal issuance or

19  renewal extension shall be issued a driver's license or

20  renewal extension sticker which expires at midnight on the

21  licensee's birthday which next occurs 4 years after the month

22  of expiration of the license being renewed, except that a

23  driver whose driving record reflects no convictions for the

24  preceding 3 years shall be issued a driver's license or

25  renewal extension sticker which expires at midnight on the

26  licensee's birthday which next occurs 6 years after the month

27  of expiration of the license being renewed.

28         (c)  Notwithstanding any other provision of this

29  chapter, if an applicant establishes his or her identity for a

30  driver's license using a document authorized under s.

31  322.08(2)(c)5. s. 322.08(2)(c)4., the driver's license shall

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  expire in accordance with paragraph (b). After an initial

 2  showing of such documentation, he or she is exempted from

 3  having to renew or obtain a duplicate in person.

 4         (d)  Notwithstanding any other provision of this

 5  chapter, if applicant establishes his or her identity for a

 6  driver's license using a document authorized in s.

 7  322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the driver's

 8  license shall expire 2 4 years after the date of issuance or

 9  upon the expiration date cited on the United States Department

10  of Justice documents, whichever date first occurs.

11         (e)  Notwithstanding any other provision of this

12  chapter, an applicant applying for an original or renewal

13  issuance of a commercial driver's license as defined in s.

14  322.01(7), with a hazardous-materials endorsement, pursuant to

15  s. 322.57(1)(d), shall be issued a driver's license that

16  expires at midnight on the licensee's birthday that next

17  occurs 4 years after the month of expiration of the license

18  being issued or renewed.

19         (4)(a)  Except as otherwise provided in this chapter,

20  all licenses shall be renewable every 4 years or 6 years,

21  depending upon the terms of issuance and shall be issued or

22  extended upon application, payment of the fees required by s.

23  322.21, and successful passage of any required examination,

24  unless the department has reason to believe that the licensee

25  is no longer qualified to receive a license.

26         (b)  Notwithstanding any other provision of this

27  chapter, if an applicant establishes his or her identity for a

28  driver's license using a document authorized under s.

29  322.08(2)(c)5. s. 322.08(2)(c)4., the license, upon an initial

30  showing of such documentation, is exempted from having to

31  renew or obtain a duplicate in person, unless the renewal or

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  duplication coincides with the periodic reexamination of a

 2  driver as required pursuant to s. 322.121.

 3         (c)  Notwithstanding any other provision of this

 4  chapter, if a licensee establishes his or her identity for a

 5  driver's license using an identification document authorized

 6  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the

 7  licensee may not renew the driver's license except in person

 8  and upon submission of an identification document authorized

 9  under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's

10  license renewed under this paragraph expires 4 years after the

11  date of issuance or upon the expiration date cited on the

12  United States Department of Justice documents, whichever date

13  first occurs.

14         Section 41.  Subsection (4) of section 322.19, Florida

15  Statutes, is amended to read:

16         322.19  Change of address or name.--

17         (4)  Notwithstanding any other provision of this

18  chapter, if a licensee established his or her identity for a

19  driver's license using an identification document authorized

20  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the

21  licensee may not change his or her name or address except in

22  person and upon submission of an identification document

23  authorized under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.

24         Section 42.  Subsection (1) of section 322.21, Florida

25  Statutes, is amended to read:

26         322.21  License fees; procedure for handling and

27  collecting fees.--

28         (1)  Except as otherwise provided herein, the fee for:

29         (a)  An original or renewal commercial driver's license

30  is $50, which shall include the fee for driver education

31  provided by s. 1003.48; however, if an applicant has completed

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  training and is applying for employment or is currently

 2  employed in a public or nonpublic school system that requires

 3  the commercial license, the fee shall be the same as for a

 4  Class E driver's license.  A delinquent fee of $1 shall be

 5  added for a renewal made not more than 12 months after the

 6  license expiration date.

 7         (b)  An original Class D or Class E driver's license is

 8  $20, which shall include the fee for driver's education

 9  provided by s. 1003.48; however, if an applicant has completed

10  training and is applying for employment or is currently

11  employed in a public or nonpublic school system that requires

12  a commercial driver license, the fee shall be the same as for

13  a Class E license.

14         (c)  The renewal or extension of a Class D or Class E

15  driver's license or of a license restricted to motorcycle use

16  only is $15, except that a delinquent fee of $1 shall be added

17  for a renewal or extension made not more than 12 months after

18  the license expiration date.  The fee provided in this

19  paragraph shall include the fee for driver's education

20  provided by s. 1003.48.

21         (d)  An original driver's license restricted to

22  motorcycle use only is $20, which shall include the fee for

23  driver's education provided by s. 1003.48.

24         (e)  Each endorsement required by s. 322.57 is $5.

25         (f)  A hazardous-materials endorsement, as required by

26  s. 322.57(1)(d), shall be set by the department by rule and

27  shall reflect the cost of the required criminal history check,

28  including the cost of the state and federal fingerprint check,

29  and the cost to the department of providing and issuing the

30  license.  The fee shall not exceed $100. This fee shall be

31  deposited in the Highway Safety Operating Trust Fund.

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         Section 43.  Subsection (1) of section 322.22, Florida

 2  Statutes, is amended to read:

 3         322.22  Authority of department to cancel license.--

 4         (1)  The department is authorized to cancel any

 5  driver's license, upon determining that the licensee was not

 6  entitled to the issuance thereof, or that the licensee failed

 7  to give the required or correct information in his or her

 8  application or committed any fraud in making such application,

 9  or that the licensee has two or more licenses on file with the

10  department, each in a different name but bearing the

11  photograph of the licensee, unless the licensee has complied

12  with the requirements of this chapter in obtaining the

13  licenses. The department may cancel any driver's license,

14  identification card, vehicle or vessel registration, or

15  fuel-use decal if the licensee fails to pay the correct fee or

16  pays for the driver's license, identification card, vehicle

17  or vessel registration, or fuel-use decal; pays any tax

18  liability, penalty, or interest specified in chapter 207; or

19  pays any administrative, delinquency, or reinstatement fee by

20  a dishonored check.

21         Section 44.  Subsections (4) and (5) of section

22  322.251, Florida Statutes, are amended to read:

23         322.251  Notice of cancellation, suspension,

24  revocation, or disqualification of license.--

25         (4)  A person whose privilege to operate a commercial

26  motor vehicle is temporarily disqualified may, upon

27  surrendering his or her commercial driver's license, be issued

28  a Class D or Class E driver's license, valid for the length of

29  his or her unexpired commercial driver's license, at no cost.

30  Such person may, upon the completion of his or her

31  disqualification, be issued a commercial driver's license, of

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  the type disqualified, for the remainder of his or her

 2  unexpired license period.  Any such person shall pay the

 3  reinstatement fee provided in s. 322.21 before being issued a

 4  commercial driver's license.

 5         (5)  A person whose privilege to operate a commercial

 6  motor vehicle is permanently disqualified may, upon

 7  surrendering his or her commercial driver's license, be issued

 8  a Class D or Class E driver's license, if he or she is

 9  otherwise qualified to receive such license.  Any such person

10  shall be issued a Class D or Class E license, valid for the

11  remainder of his or her unexpired license period, at no cost.

12         Section 45.  Subsection (2) of section 322.2615,

13  Florida Statutes, is amended to read:

14         322.2615  Suspension of license; right to review.--

15         (2)  Except as provided in paragraph (1)(a), the law

16  enforcement officer shall forward to the department, within 5

17  days after the date of the arrest, a copy of the notice of

18  suspension, the driver's license of the person arrested, and a

19  report of the arrest, including an affidavit stating the

20  officer's grounds for belief that the person arrested was in

21  violation of s. 316.193; the results of any breath or blood

22  test or an affidavit stating that a breath, blood, or urine

23  test was requested by a law enforcement officer or

24  correctional officer and that the person arrested refused to

25  submit; a copy of the citation issued to the person arrested;

26  and the officer's description of the person's field sobriety

27  test, if any.  The failure of the officer to submit materials

28  within the 5-day period specified in this subsection and in

29  subsection (1) shall not affect the department's ability to

30  consider any evidence submitted at or prior to the hearing.

31  The department shall review the materials submitted by the law

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  enforcement officer to determine whether the materials comply

 2  with applicable statutes, rules, and policies, and the

 3  department shall inform the law enforcement officer when a

 4  deficiency exists so that the deficiency may be corrected

 5  prior to the hearing. The officer may also submit a copy of a

 6  videotape of the field sobriety test or the attempt to

 7  administer such test.

 8         Section 46.  Subsection (3) of section 322.2616,

 9  Florida Statutes, is amended to read:

10         322.2616  Suspension of license; persons under 21 years

11  of age; right to review.--

12         (3)  The law enforcement officer shall forward to the

13  department, within 5 days after the date of the issuance of

14  the notice of suspension, a copy of the notice of suspension,

15  the driver's license of the person receiving the notice of

16  suspension, and an affidavit stating the officer's grounds for

17  belief that the person was under the age of 21 and was driving

18  or in actual physical control of a motor vehicle with any

19  blood-alcohol or breath-alcohol level, and the results of any

20  blood or breath test or an affidavit stating that a breath

21  test was requested by a law enforcement officer or

22  correctional officer and that the person refused to submit to

23  such test. The failure of the officer to submit materials

24  within the 5-day period specified in this subsection does not

25  bar the department from considering any materials submitted at

26  or before the hearing. The department shall review the

27  materials submitted by the law enforcement officer to

28  determine whether the materials comply with applicable

29  statutes, rules, and policies, and the department shall inform

30  the law enforcement officer when a deficiency exists so that

31  the deficiency may be corrected prior to the hearing.

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         Section 47.  Section 322.30, Florida Statutes, is

 2  amended to read:

 3         322.30  No operation under foreign license during

 4  suspension, revocation, or disqualification in this state.--

 5         (1)  Any resident or nonresident whose driver's license

 6  or right or privilege to operate a motor vehicle in this state

 7  has been suspended, revoked, or disqualified as provided in

 8  this chapter, shall not operate a motor vehicle in this state

 9  under a license, permit, or registration certificate issued by

10  any other jurisdiction or otherwise during such suspension,

11  revocation, or disqualification until a new license is

12  obtained.

13         (2)  Notwithstanding subsection (1), any commercial

14  motor vehicle operator whose privilege to operate such vehicle

15  is disqualified may operate a motor vehicle in this state as a

16  Class D or Class E licensee, if authorized by this chapter.

17         Section 48.  Subsections (4), (5), and (6) of section

18  322.53, Florida Statutes, are amended to read:

19         322.53  License required; exemptions.--

20         (4)  A resident who is exempt from obtaining a

21  commercial driver's license pursuant to paragraph (2)(a) or

22  paragraph (2)(c) and who drives a commercial motor vehicle

23  must obtain a Class D driver's license endorsed to authorize

24  the operation of the particular type of vehicle for which his

25  or her exemption is granted.

26         (4)(5)  A resident who is exempt from obtaining a

27  commercial driver's license pursuant to paragraph (2)(b),

28  paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may

29  drive a commercial motor vehicle pursuant to the exemption

30  granted in paragraph (2)(b), paragraph (2)(d), paragraph

31  

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  (2)(e), or paragraph (2)(f) if he or she possesses a valid

 2  Class D or Class E driver's license or a military license.

 3         (5)(6)  The department shall adopt rules and enter into

 4  necessary agreements with other jurisdictions to provide for

 5  the operation of commercial vehicles by nonresidents pursuant

 6  to the exemption granted in subsection (2).

 7         Section 49.  Subsection (2) of section 322.54, Florida

 8  Statutes, is amended to read:

 9         322.54  Classification.--

10         (2)  The department shall issue, pursuant to the

11  requirements of this chapter, drivers' licenses in accordance

12  with the following classifications:

13         (a)  Any person who drives a motor vehicle combination

14  having a gross vehicle weight rating, a declared weight, or an

15  actual weight, whichever is greatest, of 26,001 pounds or more

16  must possess a valid Class A driver's license, provided the

17  gross vehicle weight rating, declared weight, or actual

18  weight, whichever is greatest, of the vehicle being towed is

19  more than 10,000 pounds.  Any person who possesses a valid

20  Class A driver's license may, subject to the appropriate

21  restrictions and endorsements, drive any class of motor

22  vehicle within this state.

23         (b)  Any person, except a person who possesses a valid

24  Class A driver's license, who drives a motor vehicle having a

25  gross vehicle weight rating, a declared weight, or an actual

26  weight, whichever is greatest, of 26,001 pounds or more must

27  possess a valid Class B driver's license.  Any person, except

28  a person who possesses a valid Class A driver's license, who

29  drives such vehicle towing a vehicle having a gross vehicle

30  weight rating, a declared weight, or an actual weight,

31  whichever is greatest, of 10,000 pounds or less must possess a

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  valid Class B driver's license.  Any person who possesses a

 2  valid Class B driver's license may, subject to the appropriate

 3  restrictions and endorsements, drive any class of motor

 4  vehicle, other than the type of motor vehicle for which a

 5  Class A driver's license is required, within this state.

 6         (c)  Any person, except a person who possesses a valid

 7  Class A or a valid Class B driver's license, who drives a

 8  motor vehicle combination having a gross vehicle weight

 9  rating, a declared weight, or an actual weight, whichever is

10  greatest, of 26,001 pounds or more must possess a valid Class

11  C driver's license.  Any person, except a person who possesses

12  a valid Class A or a valid Class B driver's license, who

13  drives a motor vehicle combination having a gross vehicle

14  weight rating, a declared weight, or an actual weight,

15  whichever is greatest, of less than 26,001 pounds and who is

16  required to obtain an endorsement pursuant to paragraph

17  (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d),

18  or paragraph (1)(e) of s. 322.57, must possess a valid Class C

19  driver's license that is clearly restricted to the operation

20  of a motor vehicle or motor vehicle combination of less than

21  26,001 pounds.  Any person who possesses a valid Class C

22  driver's license may, subject to the appropriate restrictions

23  and endorsements, drive any class of motor vehicle, other than

24  the type of motor vehicle for which a Class A or a Class B

25  driver's license is required, within this state.

26         (d)  Any person, except a person who possesses a valid

27  Class A, valid Class B, or valid Class C driver's license, who

28  drives a truck or a truck tractor having a gross vehicle

29  weight rating, a declared weight, or an actual weight,

30  whichever is greatest, of 8,000 pounds or more but less than

31  26,001 pounds, or which has a width of more than 80 inches

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  must possess a valid Class D driver's license. Any person who

 2  possesses a valid Class D driver's license may, subject to the

 3  appropriate restrictions and endorsements, drive any type of

 4  motor vehicle, other than the type of motor vehicle for which

 5  a Class A, Class B, or Class C driver's license is required,

 6  within this state.

 7         (d)(e)  Any person, except a person who possesses a

 8  valid Class A, valid Class B, or valid Class C, or valid Class

 9  D driver's license, who drives a motor vehicle must possess a

10  valid Class E driver's license.  Any person who possesses a

11  valid Class E driver's license may, subject to the appropriate

12  restrictions and endorsements, drive any type of motor

13  vehicle, other than the type of motor vehicle for which a

14  Class A, Class B, or Class C, or Class D driver's license is

15  required, within this state.

16         Section 50.  Subsections (1) and (2) of section 322.57,

17  Florida Statutes, are amended to read:

18         322.57  Tests of knowledge concerning specified

19  vehicles; endorsement; nonresidents; violations.--

20         (1)  In addition to fulfilling any other driver's

21  licensing requirements of this chapter, a person who:

22         (a)  Drives a double or triple trailer must

23  successfully complete a test of his or her knowledge

24  concerning the safe operation of such vehicles.

25         (b)  Drives a passenger vehicle must successfully

26  complete a test of his or her knowledge concerning the safe

27  operation of such vehicles and a test of his or her driving

28  skill in such a vehicle.

29         (c)  Drives a school bus must successfully complete a

30  test of his or her knowledge concerning the safe operation of

31  

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  such vehicles and a test of his or her driving skill in such a

 2  vehicle.

 3         (d)(c)  Drives a tank vehicle must successfully

 4  complete a test of his or her knowledge concerning the safe

 5  operation of such vehicles.

 6         (e)(d)  Drives a vehicle that transports hazardous

 7  materials and that is required to be placarded in accordance

 8  with Title 49 C.F.R. part 172, subpart F, must successfully

 9  complete a test of his or her knowledge concerning the safe

10  operation of such vehicles. Knowledge tests for

11  hazardous-materials endorsements may not be administered

12  orally for individuals applying for an initial

13  hazardous-materials endorsement after June 30, 1994.

14         (f)(e)  Operates a tank vehicle transporting hazardous

15  materials must successfully complete the tests required in

16  paragraphs (d) (c) and (e) (d) so that the department may

17  issue a single endorsement permitting him or her to operate

18  such tank vehicle.

19         (g)(f)  Drives a motorcycle must successfully complete

20  a test of his or her knowledge concerning the safe operation

21  of such vehicles and a test of his or her driving skills on

22  such vehicle.  A person who successfully completes such tests

23  shall be issued an endorsement if he or she is licensed to

24  drive another type of motor vehicle.  A person who

25  successfully completes such tests and who is not licensed to

26  drive another type of motor vehicle shall be issued a Class E

27  driver's license that is clearly restricted to motorcycle use

28  only.

29         (2)  Before driving or operating any vehicle listed in

30  subsection (1), a person must obtain an endorsement on his or

31  her driver's license.  An endorsement under paragraph (a),

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  paragraph (b), paragraph (c), paragraph (d), or paragraph (e),

 2  or paragraph (f) of subsection (1) shall be issued only to

 3  persons who possess a valid Class A, valid Class B, or valid

 4  Class C driver's license.  A person who drives a motor vehicle

 5  or motor vehicle combination that requires an endorsement

 6  under this subsection and who drives a motor vehicle or motor

 7  vehicle combination having a gross vehicle weight rating, a

 8  declared weight, or an actual weight, whichever is greatest,

 9  of less than 26,000 pounds shall be issued a Class C driver's

10  license that is clearly restricted to the operation of a motor

11  vehicle or motor vehicle combination of less than 26,000

12  pounds.

13         Section 51.  Paragraph (a) of subsection (1) of section

14  322.58, Florida Statutes, is amended to read:

15         322.58  Holders of chauffeur's licenses; effect of

16  classified licensure.--

17         (1)  In order to provide for the classified licensure

18  of commercial motor vehicle drivers, the department shall

19  require persons who have valid chauffeur's licenses to report

20  on or after April 1, 1991, to the department for classified

21  licensure, according to a schedule developed by the

22  department.

23         (a)  Any person who holds a valid chauffeur's license

24  may continue to operate vehicles for which a Class E D

25  driver's license is required until his or her chauffeur's

26  license expires.

27         Section 52.  Subsections (1), (2), (3), and (7) of

28  section 322.61, Florida Statutes, are amended, and subsections

29  (4) and (5) of that section are reenacted, to read:

30         322.61  Disqualification from operating a commercial

31  motor vehicle.--

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (1)  A person who, within a 3-year period, is convicted

 2  of two of the following serious traffic violations or any

 3  combination thereof, arising in separate incidents committed

 4  in a commercial motor vehicle shall, in addition to any other

 5  applicable penalties, be disqualified from operating a

 6  commercial motor vehicle for a period of 60 days. A person

 7  who, within a 3-year period, is convicted of two of the

 8  following serious traffic violations or any combination

 9  thereof, arising in separate incidents committed in a

10  noncommercial motor vehicle shall, in addition to any other

11  applicable penalties, be disqualified from operating a

12  commercial motor vehicle for a period of 60 days if such

13  convictions result in the suspension, revocation, or

14  cancellation of the licenseholder's driving privilege:

15         (a)  A violation of any state or local law relating to

16  motor vehicle traffic control, other than a parking violation,

17  a weight violation, or a vehicle equipment violation, arising

18  in connection with a crash resulting in death or personal

19  injury to any person;

20         (b)  Reckless driving, as defined in s. 316.192;

21         (c)  Careless driving, as defined in s. 316.1925;

22         (d)  Fleeing or attempting to elude a law enforcement

23  officer, as defined in s. 316.1935;

24         (e)  Unlawful speed of 15 miles per hour or more above

25  the posted speed limit;

26         (f)  Driving a commercial motor vehicle, owned by such

27  person, which is not properly insured;

28         (g)  Improper lane change, as defined in s. 316.085; or

29         (h)  Following too closely, as defined in s. 316.0895;.

30         (i)  Driving a commercial vehicle without obtaining a

31  commercial driver's license;

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (j)  Driving a commercial vehicle without a commercial

 2  driver's license in possession; or

 3         (k)  Driving a commercial vehicle without the proper

 4  class of commercial driver's license or without the proper

 5  endorsement.

 6         (2)  Any person who, within a 3-year period, is

 7  convicted of three serious traffic violations specified in

 8  subsection (1) or any combination thereof, arising in separate

 9  incidents committed in a commercial motor vehicle shall, in

10  addition to any other applicable penalties, including, but not

11  limited to, the penalty provided in subsection (1), be

12  disqualified from operating a commercial motor vehicle for a

13  period of 120 days. A person who, within a 3-year period, is

14  convicted of three serious traffic violations specified in

15  subsection (1) or any combination thereof, arising in separate

16  incidents committed in a noncommercial motor vehicle shall, in

17  addition to any other applicable penalties, including, but not

18  limited to, the penalty provided in subsection (1), be

19  disqualified from operating a commercial motor vehicle for a

20  period of 120 days if such convictions result in the

21  suspension, revocation, or cancellation of the licenseholder's

22  driving privilege.

23         (3)  Except as provided in subsection (4), any person

24  who is convicted of one of the following offenses shall, in

25  addition to any other applicable penalties, be disqualified

26  from operating a commercial motor vehicle for a period of 1

27  year:

28         (a)  Driving a commercial motor vehicle while he or she

29  is under the influence of alcohol or a controlled substance;

30  

31  

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (b)  Driving a commercial motor vehicle while the

 2  alcohol concentration of his or her blood, breath, or urine is

 3  .04 percent or higher;

 4         (c)  Leaving the scene of a crash involving a

 5  commercial motor vehicle driven by such person;

 6         (d)  Using a commercial motor vehicle in the commission

 7  of a felony;

 8         (e)  Driving a commercial motor vehicle while in

 9  possession of a controlled substance; or

10         (f)  Refusing to submit to a test to determine his or

11  her alcohol concentration while driving a commercial motor

12  vehicle;.

13         (g)  Driving a commercial vehicle while the

14  licenseholder's commercial driver's license is suspended,

15  revoked, or canceled or while the licenseholder is

16  disqualified from driving a commercial vehicle; or

17         (h)  Causing a fatality through the negligent operation

18  of a commercial motor vehicle.

19         (4)  Any person who is transporting hazardous materials

20  in a vehicle that is required to be placarded in accordance

21  with Title 49 C.F.R. part 172, subpart F shall, upon

22  conviction of an offense specified in subsection (3), be

23  disqualified from operating a commercial motor vehicle for a

24  period of 3 years.  The penalty provided in this subsection

25  shall be in addition to any other applicable penalty.

26         (5)  Any person who is convicted of two violations

27  specified in subsection (3), or any combination thereof,

28  arising in separate incidents shall be permanently

29  disqualified from operating a commercial motor vehicle. The

30  penalty provided in this subsection shall be in addition to

31  any other applicable penalty.

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1         (7)  A person whose privilege to operate a commercial

 2  motor vehicle is disqualified under this section may, if

 3  otherwise qualified, be issued a Class D or Class E driver's

 4  license, pursuant to s. 322.251.

 5         Section 53.  Subsection (1) and paragraph (a) of

 6  subsection (3) of section 322.63, Florida Statutes, are

 7  amended to read:

 8         322.63  Alcohol or drug testing; commercial motor

 9  vehicle operators.--

10         (1)  A person who accepts the privilege extended by the

11  laws of this state of operating a commercial motor vehicle

12  within this state shall, by so operating such commercial motor

13  vehicle, be deemed to have given his or her consent to submit

14  to an approved chemical or physical test of his or her blood

15  or, breath, or urine for the purpose of determining his or her

16  alcohol concentration, and to a urine test or for the purpose

17  of detecting the presence of chemical substances as set forth

18  in s. 877.111 or of controlled substances.

19         (a)  By applying for a commercial driver's license and

20  by accepting and using a commercial driver's license, the

21  person holding the commercial driver's license is deemed to

22  have expressed his or her consent to the provisions of this

23  section.

24         (b)  Any person who drives a commercial motor vehicle

25  within this state and who is not required to obtain a

26  commercial driver's license in this state is, by his or her

27  act of driving a commercial motor vehicle within this state,

28  deemed to have expressed his or her consent to the provisions

29  of this section.

30         (c)  A notification of the consent provision of this

31  section shall be printed above the signature line on each new

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  or renewed commercial driver's license issued after March 31,

 2  1991.

 3         (3)(a)  The breath and blood physical and chemical

 4  tests authorized in this section shall be administered

 5  substantially in accordance with rules adopted by the

 6  Department of Law Enforcement.

 7         Section 54.  Subsection (2) of section 322.64, Florida

 8  Statutes, is amended to read:

 9         322.64  Holder of commercial driver's license; driving

10  with unlawful blood-alcohol level; refusal to submit to

11  breath, urine, or blood test.--

12         (2)  Except as provided in paragraph (1)(a), the law

13  enforcement officer shall forward to the department, within 5

14  days after the date of the arrest or the issuance of the

15  notice of disqualification, whichever is later, a copy of the

16  notice of disqualification, the driver's license of the person

17  arrested, and a report of the arrest, including, if

18  applicable, an affidavit stating the officer's grounds for

19  belief that the person arrested was in violation of s.

20  316.193; the results of any breath or blood test or an

21  affidavit stating that a breath, blood, or urine test was

22  requested by a law enforcement officer or correctional officer

23  and that the person arrested refused to submit; a copy of the

24  citation issued to the person arrested; and the officer's

25  description of the person's field sobriety test, if any. The

26  failure of the officer to submit materials within the 5-day

27  period specified in this subsection or subsection (1) shall

28  not affect the department's ability to consider any evidence

29  submitted at or prior to the hearing. The department shall

30  review the materials submitted by the law enforcement officer

31  to determine whether the materials comply with applicable

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  statutes, rules, and policies, and the department shall inform

 2  the law enforcement officer when a deficiency exists so that

 3  the deficiency may be corrected prior to the hearing. The

 4  officer may also submit a copy of a videotape of the field

 5  sobriety test or the attempt to administer such test.

 6         Section 55.  Paragraphs (c) and (f) of subsection (13)

 7  of section 713.78, Florida Statutes, are amended to read:

 8         713.78  Liens for recovering, towing, or storing

 9  vehicles and vessels.--

10         (13)

11         (c)1.  The registered owner of a vehicle, vessel, or

12  mobile home may dispute a wrecker operator's lien, by

13  notifying the department of the dispute in writing on forms

14  provided by the department, if at least one of the following

15  applies:

16         a.  The registered owner presents a notarized bill of

17  sale proving that the vehicle, vessel, or mobile home was sold

18  in a private or casual sale before the vehicle, vessel, or

19  mobile home was recovered, towed, or stored.

20         b.  The registered owner presents proof that the

21  Florida certificate of title of the vehicle, vessel, or mobile

22  home was sold to a licensed dealer as defined in s. 319.001

23  before the vehicle, vessel, or mobile home was recovered,

24  towed, or stored.

25         c.  The records of the department were marked "sold"

26  prior to the date of the tow.

27  

28  If the registered owner's dispute of a wrecker operator's lien

29  complies with one of these criteria, the department shall

30  immediately remove the registered owner's name from the list

31  of those persons who may not be issued a license plate or

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  revalidation sticker for any motor vehicle under s. 320.03(8),

 2  thereby allowing issuance of a license plate or revalidation

 3  sticker. If the vehicle, vessel, or mobile home is owned

 4  jointly by more than one person, each registered owner must

 5  dispute the wrecker operator's lien in order to be removed

 6  from the list. However, the department shall deny any dispute

 7  and maintain the registered owner's name on the list of those

 8  persons who may not be issued a license plate or revalidation

 9  sticker for any motor vehicle under s. 320.03(8) if the

10  wrecker operator has provided the department with a certified

11  copy of the judgment of a court which orders the registered

12  owner to pay the wrecker operator's lien claimed under this

13  section. In such a case, the amount of the wrecker operator's

14  lien allowed by paragraph (b) may be increased to include no

15  more than $500 of the reasonable costs and attorney's fees

16  incurred in obtaining the judgment. The department's action

17  under this subparagraph is ministerial in nature, shall not be

18  considered final agency action, and is appealable only to the

19  county court for the county in which the vehicle, vessel, or

20  mobile home was ordered removed.

21         2.  A person against whom a wrecker operator's lien has

22  been imposed may alternatively obtain a discharge of the lien

23  by filing a complaint, challenging the validity of the lien or

24  the amount thereof, in the county court of the county in which

25  the vehicle, vessel, or mobile home was ordered removed. Upon

26  filing of the complaint, the person may have her or his name

27  removed from the list of those persons who may not be issued a

28  license plate or revalidation sticker for any motor vehicle

29  under s. 320.03(8), thereby allowing issuance of a license

30  plate or revalidation sticker, upon posting with the court a

31  cash or surety bond or other adequate security equal to the

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  amount of the wrecker operator's lien to ensure the payment of

 2  such lien in the event she or he does not prevail. Upon the

 3  posting of the bond and the payment of the applicable fee set

 4  forth in s. 28.24, the clerk of the court shall issue a

 5  certificate notifying the department of the posting of the

 6  bond and directing the department to release the wrecker

 7  operator's lien. Upon determining the respective rights of the

 8  parties, the court may award damages and costs in favor of the

 9  prevailing party.

10         3.  If a person against whom a wrecker operator's lien

11  has been imposed does not object to the lien, but cannot

12  discharge the lien by payment because the wrecker operator has

13  moved or gone out of business, the person may have her or his

14  name removed from the list of those persons who may not be

15  issued a license plate or revalidation sticker for any motor

16  vehicle under s. 320.03(8), thereby allowing issuance of a

17  license plate or revalidation sticker, upon posting with the

18  clerk of court in the county in which the vehicle, vessel, or

19  mobile home was ordered removed, a cash or surety bond or

20  other adequate security equal to the amount of the wrecker

21  operator's lien. Upon the posting of the bond and the payment

22  of the application fee set forth in s. 28.24, the clerk of the

23  court shall issue a certificate notifying the department of

24  the posting of the bond and directing the department to

25  release the wrecker operator's lien. The department shall mail

26  to the wrecker operator, at the address upon the lien form,

27  notice that the wrecker operator must claim the security

28  within 60 days, or the security will be released back to the

29  person who posted it. At the conclusion of the 60 days, the

30  department shall direct the clerk as to which party is

31  

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  entitled to payment of the security, less applicable clerk's

 2  fees.

 3         4.  A wrecker operator's lien expires 5 years after

 4  filing.

 5         (f)  This subsection applies only to the annual renewal

 6  in the registered owner's birth month of a motor vehicle

 7  registration and does not apply to the transfer of a

 8  registration of a motor vehicle sold by a motor vehicle dealer

 9  licensed under chapter 320, except for the transfer of

10  registrations which is inclusive of the annual renewals. This

11  subsection does not apply to any vehicle registered in the

12  name of the lessor. This subsection does not affect the

13  issuance of the title to a motor vehicle, notwithstanding s.

14  319.23(7)(b).

15         Section 56.  Subsection (1) of section 832.06, Florida

16  Statutes, is amended to read:

17         832.06  Prosecution for worthless checks given tax

18  collector for licenses or taxes; refunds.--

19         (1)  Whenever any person, firm, or corporation violates

20  the provisions of s. 832.05 by drawing, making, uttering,

21  issuing, or delivering to any county tax collector any check,

22  draft, or other written order on any bank or depository for

23  the payment of money or its equivalent for any tag, title,

24  lien, tax (except ad valorem taxes), penalty, or fee relative

25  to a boat, airplane, motor vehicle, driver license, or

26  identification card; any occupational license, beverage

27  license, or sales or use tax; or any hunting or fishing

28  license, the county tax collector, after the exercise of due

29  diligence to locate the person, firm, or corporation which

30  drew, made, uttered, issued, or delivered the check, draft, or

31  other written order for the payment of money, or to collect

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  the same by the exercise of due diligence and prudence, shall

 2  swear out a complaint in the proper court against the person,

 3  firm, or corporation for the issuance of the worthless check

 4  or draft. If the state attorney cannot sign the information

 5  due to lack of proof, as determined by the state attorney in

 6  good faith, for a prima facie case in court, or, if the amount

 7  of the worthless check is $150 or less, he or she shall issue

 8  a certificate so stating to the tax collector. If payment of

 9  the dishonored check, draft, or other written order, together

10  with court costs expended, is not received in full by the

11  county tax collector within 30 days after service of the

12  warrant, 30 days after conviction, or 60 days after the

13  collector swears out the complaint or receives the certificate

14  of the state attorney, whichever is first, the county tax

15  collector shall make a written report to this effect to the

16  Department of Highway Safety and Motor Vehicles relative to

17  motor vehicles and vessels, to the Department of Revenue

18  relative to occupational licenses and the sales and use tax,

19  to the Division of Alcoholic Beverages and Tobacco of the

20  Department of Business and Professional Regulation relative to

21  beverage licenses, or to the Fish and Wildlife Conservation

22  Commission relative to hunting and fishing licenses,

23  containing a statement of the amount remaining unpaid on the

24  worthless check or draft. If the information is not signed,

25  the certificate of the state attorney is issued, and the

26  written report of the amount remaining unpaid is made, the

27  county tax collector may request the sum be forthwith refunded

28  by the appropriate governmental entity, agency, or department.

29  If a warrant has been issued and served, he or she shall

30  certify to that effect, together with the court costs and

31  amount remaining unpaid on the check. The county tax collector

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  may request that the sum of money certified by him or her be

 2  forthwith refunded by the Department of Highway Safety and

 3  Motor Vehicles, the Department of Revenue, the Division of

 4  Alcoholic Beverages and Tobacco of the Department of Business

 5  and Professional Regulation, or the Fish and Wildlife

 6  Conservation Commission to the county tax collector. Within 30

 7  days after receipt of the request, the Department of Highway

 8  Safety and Motor Vehicles, the Department of Revenue, the

 9  Division of Alcoholic Beverages and Tobacco of the Department

10  of Business and Professional Regulation, or the Fish and

11  Wildlife Conservation Commission, upon being satisfied as to

12  the correctness of the certificate of the tax collector, or

13  the report, shall refund to the county tax collector the sums

14  of money so certified or reported. If any officer of any court

15  issuing the warrant is unable to serve it within 60 days after

16  the issuance and delivery of it to the officer for service,

17  the officer shall make a written return to the county tax

18  collector to this effect. Thereafter, the county tax collector

19  may certify that the warrant has been issued and that service

20  has not been had upon the defendant and further certify the

21  amount of the worthless check or draft and the amount of court

22  costs expended by the county tax collector, and the county tax

23  collector may file the certificate with the Department of

24  Highway Safety and Motor Vehicles relative to motor vehicles

25  and vessels, with the Department of Revenue relative to

26  occupational licenses and the sales and use tax, with the

27  Division of Alcoholic Beverages and Tobacco of the Department

28  of Business and Professional Regulation relative to beverage

29  licenses, or with the Fish and Wildlife Conservation

30  Commission relative to hunting and fishing licenses, together

31  with a request that the sums of money so certified be

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1  forthwith refunded by the Department of Highway Safety and

 2  Motor Vehicles, the Department of Revenue, the Division of

 3  Alcoholic Beverages and Tobacco of the Department of Business

 4  and Professional Regulation, or the Fish and Wildlife

 5  Conservation Commission to the county tax collector, and

 6  within 30 days after receipt of the request, the Department of

 7  Highway Safety and Motor Vehicles, the Department of Revenue,

 8  the Division of Alcoholic Beverages and Tobacco of the

 9  Department of Business and Professional Regulation, or the

10  Fish and Wildlife Conservation Commission, upon being

11  satisfied as to the correctness of the certificate, shall

12  refund the sums of money so certified to the county tax

13  collector.

14         Section 57.  Except as otherwise expressly provided in

15  this act, this act shall take effect October 1, 2004.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1526
    306-2069-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1526

 3                                 

 4  The CS:

 5  1.  Requires the Off-Highway Vehicle Recreation Advisory
    Committee to study and provide a report to the Governor and
 6  the Legislature by January 1, 2005.

 7  2.  Provides owners of leased vehicles are exempt from parking
    tickets on those leased vehicles if the vehicle is registered
 8  in the name of the person who leased the vehicle.

 9  
    3.  Provides an exception to the existing law by allowing
10  uniform traffic citations to be admissible evidence of
    falsification, forgery, uttering, fraud or perjury or when
11  used as physical evidence resulting from a forensic
    examination of the citation.
12  
    4.  Corrects an obsolete cross-reference.
13  
    5.  Eliminates the Class D driver's license and deletes
14  references thereto.  Also, changes the chauffeur's Class D
    driver's license to a Class E driver's license.
15  
    6.  Requires the Department of Highway Safety and Motor
16  Vehicles to set a fee not to exceed $100 for a
    hazardous-materials endorsement and specifies the fee must be
17  deposited into the Highway Safety Operating Trust Fund.

18  7.  Requires the Department of Highway Safety and Motor
    Vehicles, in a driving under the influence arrest, to review
19  the information submitted by a law enforcement officer and to
    notify the officer of any deficiencies prior to the hearing.
20  
    8.  Allows tax collectors to process worthless checks of $150
21  or less differently

22  9.  Changes the effective date to October 1, 2004.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  72

CODING: Words stricken are deletions; words underlined are additions.